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After that Nicolas Charbit introduced the prominent panelists, Frank Montag opened the discussions, inviting the speakers to express their views on the efficiency of judicial review, especially with respect to merger control.
Judge van der Woude emphasized that there have been considerable improvements in relation to judicial review over the past four years. However, Judge van der Woude highlighted burdens related to confidentiality issues, explaining that a significant number of confidentiality claims must usually be dealt with before reviewing a given case. Judge van der Woude thus suggested that the European Commission and the legal community in general adopt and implement better practices with regard to confidentiality. Also, according to Judge van der Woude, the Court of Justice should further discriminate between cases, in consideration of the substance and relative weight of cases, in order to better allocate the Court of Justice’s resources devoted to judicial review.