In its Sped-Pro judgment of 9 February 2022, the General Court of the European Union (“General Court”) for the first time examined the impact of deficiencies in the rule of law in an EU Member State on determining which competition authority in the EU is best placed to examine a complaint (T-791/19, Sped-Pro v. Commission). Referring to the rule of law principle in EU law which protects a party’s fundamental right to a fair trial, the Court faulted the European Commission (“Commission”) for rejecting a complaint against a Polish state-owned company without properly assessing whether the complainant could expect an objective investigation of its complaint in Poland, given the concerns about due legal process in Poland and doubts about the independence of the Polish competition authority.
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