Sir Marcus Smith QC is the President of the Competition Appeal Tribunal. He is also a judge in the High Court of England and Wales (Chancery Division). Sir Marcus Smith was called to the Bar in 1991 and took silk in 2010. He was appointed a chairman of the Competition Appeal Tribunal in 2009 and was the chair of the Appeals Committee of the Human Fertilisation and Embryology Authority between 2015 and 2017. He became a High Court Judge (Chancery Division) in January 2017. In October 2017, he was authorised to sit as a judge of the Financial List.
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Decisions of the Commission are reviewable for their legality under Article 263 of the Treaty on the Functioning of the European Union (“TFEU”). It is not necessary to set out the full range of decisions that are capable of challenge under Article 263 TFEU, but they include (purely by way of example) decisions concerning infringements of Article 101 TFEU (anti-competitive agreements) and 102 TFEU (abuse of dominance) and decisions regarding mergers. One of the more important bases for the challenge of Commission decisions is the failure to respect the “rights of the defence”.This foreword seeks to explore the recent EU case-law in this area. It does so in a comparative law fashion, comparing the EU approach with the (in formal terms different, but in substantive terms, similar) approach in the UK.