The EU Court of Justice clarifies certain aspects of the review of legality and the unlimited jurisdiction regarding fines (Galp)

Abstract: The Galp case provides helpful clarifications on the judicial review of competition law decisions: • The review of legality implies the review of all the elements of a Commission decision, including new evidence submitted for the first time by the applicant in the course of the Court proceedings. • The exercise of unlimited jurisdiction is strictly limited to determining the amount of the fine, to the exclusion of any alteration of the constituent elements of the infringement. • Failure to prove participation of an undertaking in ‘ancillary’ components of a single and complex infringement will only lead to partial annulment of a decision. The judicial review of competition law decisions of the European Commission is based on the dualist system established by The Treaty