FOREWORD: PROCEDURES - COMPETITION LAW - INFRINGEMENT - APPEAL - DIGITAL CHALLENGE - VIGILANCE

‘An old chestnut’: Appeals in competition infringement cases

This article (based on a conference speech given at King’s College London on March 1st, 2019, for Concurrences) reviews the question of what is the appropriate appeal system for competition infringement cases, which has somewhat unexpectedly crept into the discussion of competition in the digital world. Having examined how the current UK appeal system developed to its present state, the author suggests that there is no case for changing it. However, if any change is to be considered, moving to a prosecutorial system should be the preferred course.

The subject matter of today’s conference is “innovation economics for lawyers” but I hope you will forgive me if I do not attempt to deliver a speech on that specific subject. Instead I want to address one aspect which has rather unexpectedly arisen in the context of discussions about bringing competition law into the digital age, and that is the question of what is the most appropriate appeal process for competition infringement decisions. But before I do so, let me first describe the context in which this question has arisen. The digital challenge and the issues that arise It is certainly the case that many questions are being asked about whether competition law is “fit for purpose” in the age of fast-moving innovation, big data and the massive growth of IT-based companies. These

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  • UK Competition Appeal Tribunal (London)

Quotation

Peter Freeman, ‘An old chestnut’: Appeals in competition infringement cases, May 2019, Concurrences Review N° 2-2019, Art. N° 89854, www.concurrences.com

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