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Competition

The standard of review by courts in competition cases

 

 4 June 2019  Paris  

Review by the courts of the enforcement of competition law ensures that the enforcement process and decisions are lawful, the parties’ rights are observed and competition authorities’ discretion is defined. Parties should have access to impartial review of decisions by an independent adjudicator. The discussion at the 2010 and 2011 OECD roundtables on procedural fairness and transparency highlighted that an effective judicial review complements the internal procedures that competition authorities put in place to ensure due process, and contributes to guaranteeing the rule of law and ensuring the consistency and credibility of enforcement.

The roundtable in June 2019 examined the review of enforcement decisions and investigation steps by courts, and referred to methods ensuring that courts have access to expertise in competition law and economics.

» In this video, Judge Ian Forrester of the General Court of the European Union talks about some key points from the discussion

 

» Read the OECD background note

» Assessing the Judicial Role in a Lawful System of Competition Enforcement by Judge Ian FORRESTER

» The Standard of Review for Competition cases in Canada by Chief Justice Paul CRAMPTON

» See full list of best practice roundtables on competition

 

INVITED SPEAKERS

Paul CRAMPTON  Bio
Chief Justice of the Federal Court, Canada

Ian FORRESTER  Bio  
Judge at the General Court of the European Union

Jonathan JACOBSON  Bio  
Partner Wilson Sonsini Goodrich & Rosati

 

KEY PAPERS

OECD Background note

The resolution of competition cases by specialised and generalist courts: Stocktaking of international experience, 2016

 

CONTRIBUTIONS

Summaries of Contributions

Austria

Belgium

Brazil

Chile

Costa Rica

Croatia

Denmark

EU

France EN  FR

Germany

Hungary

Israel

Italy

Korea

Latvia

 

Lithuania

Mexico

Peru

Poland

Romania

Russian Federation

Singapore

Slovak Republic

Spain

Switzerland

Chinese Taipei

Ukraine

United Kingdom

United States

BIAC

comp-law-review

» Best Practice Competition Roundtables 

» OECD Competition

RELATED BEST PRACTICE ROUNDTABLES

Judicial Perspectives on Competition Law, 2017

Commitment Decisions in Antitrust Cases, 2016

Procedural Fairness and Transparency, 2011

Judicial Enforcement of Competition Law, 1996 

Presenting Complex Economic Theories to Judges, 2008

  

RELATED TOPICS

Abuse of dominance and monopolisation

OECD best practice roundtables on competition

More OECD work on competition

 

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