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Full Judicial Review of Antitrust Cases after KME: A New Formula of Review?

Igor Nikolić

European Competition Law Review2012article
ABDC A
Weight
0.41

Abstract

The standard of review in competition cases undertaken by the Court of Justice of the European Union was considered to be deferential towards the Commission. The Courts did not review thoroughly the amount of fines imposed and the complex economic assessments of the Commission. Concerns were raised about the possible contradiction of this kind of review with the Article 6 of the European Convention on Human Rights. The KME case introduces new, more thorough standard of review which is now in conformity with the requirements proclaimed by the European Court of Human Rights. The future problem might be the application in practice of this new “enhanced” review. Undertaking such review might prolong already a long time for judgments to be rendered, which might as well lead to the violation of the Convention.

3 citations

Cite this paper

@article{igor2012,
  title        = {{Full Judicial Review of Antitrust Cases after KME: A New Formula of Review?}},
  author       = {Igor Nikolić},
  journal      = {European Competition Law Review},
  year         = {2012},
}

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Full Judicial Review of Antitrust Cases after KME: A New Formula of Review?

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Evidence weight

0.41

Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40

F · citation impact0.40 × 0.4 = 0.16
M · momentum0.20 × 0.15 = 0.03
V · venue signal0.50 × 0.05 = 0.03
R · text relevance †0.50 × 0.4 = 0.20

† Text relevance is estimated at 0.50 on the detail page — for your query’s actual relevance score, open this paper from a search result.