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No need to bang on the table

Two recent judgments delivered by the General Court of the EU show that where applicants challenge the facts underlying a Commission decision in the field of competition law, the Commission is required to prove those facts on pain of the annulment of that decision. In that context the General Court does not afford the Commission any deference as the latter has no right to go wrong as to the facts upon which its decision is based. Parties that marshal the requisite factual and legal elements in support of their case may thus succeed without any need to bang on the table.

The General Court’s jurisdiction to review Commission decisions in the field of competition law may be analysed under three headings: First, review by reference to the jurisdictional and procedural rules that govern the exercise of the Commission’s powers. Second, review on grounds of compliance with the applicable substantive legal rules, usually whether the Commission applied the correct legal test to the circumstances of the case. Third, examining whether the evidence upon which the Commission relied is factually accurate, reliable and consistent, whether it contains all of the information necessary to assess the situation in question and whether it is capable of sustaining the conclusions drawn from it. Criticism of the General Court in the field of competition law tends to be

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  • General Court of the European Union (Luxembourg)


Anthony M. Collins, No need to bang on the table, November 2020, Concurrences N° 4-2020, Art. N° 96683, pp. 2-4

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