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Foreword: JURISDICTIONAL CONTROL - ROLE OF THE JUDGE - EC INSTITUTIONS

About competition jurisdictional control

In this foreword, M. Hubert Legal presents an opinion on the extent of jurisdictional control by the Court and the Tribunal of First Instance of the EC Communities on the ambit and extent of EC antitrust decisions. This opinion has been developped at Fordham 2005 conference and published as "Standards of proof and standards of judicial review in EU competition law", 32th Fordham Annual Conference, in 2005 Fordham Corporate Law Institute - International Antitrust Law & Policy, B. Hawk ed. (see a short notice on this article in Revue des Revues, Concurrences, N° 4-2005, pp. 161).

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The time is not yet far off when the Court of Justice of the European Communities and the Court of First Instance considered that they had amply fulfilled their duty of review of the Commission's competition decisions when they had generally verified that the institution had not committed a manifest error in its economic assessments - which are always complex - and, in the event of some marginal defect affecting the decision, reduced the fine - if there was one - to an amount slightly lower than the initial amount, fixed by approximation at a round figure. This at least had the merit of honesty. It was not a happy time for Community economic law because

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  • Conseil de l’Union europeenne

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Hubert Legal, About competition jurisdictional control, May 2005, Concurrences N° 2-2005, Art. N° 96, pp. 1-2

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