Webinar

Antitrust Judicial review, standard of proof & Due process

Webinar organised by Concurrences, in partnership with White Case and Amazon, with Douglas Ginsburg (Senior Judge, U.S. Court of Appeals for the District of Columbia Circuit), Nicholas Forwood (Queen’s Counsel | Counsel, White & Case), Jérémie Jourdan (Partner, White & Case) and Liza Lovdhal-Gormsen (Senior Research Fellow, Director of the Competition Law Forum, British Institute of International & Comparative Law).

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SYNTHESIS

Douglas Ginsburg moderated the discussion.

Nicholas Forwood underlined that how the General Court reviews competition decisions is continually evolving. Everyone needs to bear in mind that this process of evolution in the way the Court exercises judicial review has not stopped and will not stop. Until the beginning of the 2000s, the Courts’ review of competition decisions tended to be considered as a legality review. Economic assessments were protected from excessive scrutiny and this was considered as a spillover from the approach taken with Article 101(3) TFEU. In the context of this evolution, there were two major changes. The first one is related to Regulation 1/2003, which recognized for the first time that competition law under Articles 101 and 102 was something that essentially could be entrusted to national courts, which implied that all aspects of competition law were capable of judicial assessment. The second important change was the whole series of judgments of the Court of Justice that followed the Menarini judgment of the Strasbourg Court. In this context, the Court must proceed to an unlimited review of the law and facts based on the arguments raised by the parties (Chalkor) even if these arguments or evidence are presented for the first time on appeal (Galp). At the same time, the EU Courts also have unlimited jurisdiction on fines.

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Speakers

  • British Institute of International and Comparative Law (London)
  • White & Case (Brussels)
  • White & Case (Brussels)
  • U.S. Court of Appeals for the District of Columbia Circuit (Washington DC)