Commission’s Discretion, Court’s Self-restraint. On the EU Court’s Approach to Reviewing Fines in Competition Cases

CELIS Update on Investment Screening - December 2023

By Robert Foyle, University College Dublin*   The General Court consistently defers to the European Commission’s discretion and fining guidelines when imposing fines. This change limits judicial intervention and may undermine defendants’ rights. A reliance on the Commission’s Guidelines has contributed to this restrained approach, raising concerns about the implications for fair competition enforcement.  …

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