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Regulating Cartels in Europe$
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Christopher Harding and Julian Joshua

Print publication date: 2010

Print ISBN-13: 9780199551484

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199551484.001.0001

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The Judicial Review of Cartel Control: Testing the Evidence and Due Process

The Judicial Review of Cartel Control: Testing the Evidence and Due Process

(p.184) VII The Judicial Review of Cartel Control: Testing the Evidence and Due Process
Regulating Cartels in Europe

Christopher Harding (Contributor Webpage)

Julian Joshua

Oxford University Press

Alongside the increasingly difficult and complex task of proving cartel activity and involvement for legal purposes there developed a responsive practice on the part of companies, seeking to the challenge the exercise of powers, decision-making, and the imposition of sanctions on the part of the European Commission. Large and well-resourced companies mounted appeals, invoking the basic rights protection accorded to individuals under the criminal law process at the national level. This chapter explores the development of judicial review of Commission cartel decisions carried out by the European Court of Justice and later the Court of First Instance (now the General Court), and the judicial response to basic rights argumentation in this context, as companies challenged the legality of investigations, formal decision-making, and the imposition of fines. The discussion touches upon underlying constitutional issues, such as the separation of powers in the context of EU institutions, and the level of basic rights protection appropriate for corporate actors.

Keywords:   judicial review, Court of Justice, Court of First Instance, General Court, basic rights, appeals, investigations, sanctions, criminal law process

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