Thomas Wilson, Arjun Chandran

European Competition and Regulatory Law Review, Volume 4 (2020), Issue 4, Page 324 - 327

Case C-39/18 P Commission v ICAP and Others, Judgment of the Court of Justice (Third Chamber) of 10 July 2019 The Court of Justice’s judgment in the ICAP case confirms that European Courts will not shy away from annulling Commission decisions due to violations of procedural rights and that there is a general trend towards scrutinizing Commission decisions more closely. The Court’s ruling makes it clear that the Commission must provide sufficient reasons concerning the methodology used when setting the fine for a cartel facilitator. At the same time, it can be expected that the Commission will continue to prosecute cartel facilitators rigorously, as the Court did not take issue with the facilitator doctrine as such.

Baskaran Balasingham

European Competition and Regulatory Law Review, Volume 3 (2019), Issue 4, Page 363 - 370

Effectiveness and due process require careful balancing in order to safeguard a workable enforcement environment. On the one hand, the legal qualification of collusive conduct has been facilitated to some degree by a broad interpretation of Article 101(1) TFEU and the use of presumptions. On the other hand, the burden and standard of proof, as well as the judicial review in relation to EU cartel proceedings satisfy the right to a fair trial under Article 6 of the European Convention on Human Rights (ECHR). This article argues that the EU Courts have succeeded in establishing a proper balance between effective cartel enforcement and the protection of fundamental rights. Keywords: Article 101 TFEU, Cartel Enforcement, Effectiveness, Fundamental Rights, Judicial Review

Marianne Henne Møller, Simen Klevstrand

European Competition and Regulatory Law Review, Volume 2 (2018), Issue 4, Page 296 - 298