European University Institute (Florence)

Eun Hye Kim

European University Institute (Florence)
Doctoral Researcher

Eun Hye Kim is a doctoral researcher at the European University Institute in Florence. From 2012 to 2015, she studied at the Humboldt University of Berlin where she successfully passed the first state exam. Within the framework of the European Law School, she spent two years abroad and holds a Master in European Law from the University of Paris – Panthéon-Assas and an LL.M. in Competition Law from King’s College London. Her main areas of interest are the ECJ and the evolution of EU competition law.


972 Bulletin

Eun Hye Kim, Mel Marquis Judicial review and anticompetitive agreements : An overview of EU and national case law


This article provides an overview of current trends in European cartel law from mid-2016 to mid-2019. We begin with the following preliminary remarks. In order to guarantee that the European Commission (“Commission”) can adequately carry out its task to oversee and ensure the effective implementation of the EU competition rules, it has been granted a wide range of far-reaching, and even “coercive” competences. For many years, one of the main disputed points has been whether the Commission’s role as investigator, prosecutor and first-instance decision-maker is compatible with Article 6(1) of the European Convention on Human Rights (“ECHR”), which gives expression to the undertakings’ right to a fair trial “by an independent and impartial tribunal”. However, the risks posed by the concentration of those functions and powers in the hands of a single authority are mitigated to some extent by the EU’s system of ex post judicial review. Assuming this system is effective and efficient, it serves as a sufficient control mechanism to uphold the institutional balance and, ultimately, the rule of law within the European Union (“EU”).

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