National Courts and the Standard of Review in Competition Law and Economic Regulation

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Oda Essens, Anna Gerbrandy, S. A. C. M. Lavrijssen-Heijmans
Europa Law Publishing, 2009 - Law - 305 pages
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From a comparative perspective, this book deals with the question of the impact of European law, especially the Tetra Laval case-law, on the standard of review applied by national courts in the area of competition law and economic regulation. The book is a follow-up to the conference on 'Judicial review in competition law and economic regulation, ' held by the Europa Institute at Utrecht on May 23-24, 2008. It contains contributions by academics and practitioners from EU Member States and from European institutions. The book analyzes the differences and the similarities between the crucial concepts related to judicial review and the way judicial review functions in practice in different EU Member States. It examines the question as to whether a more common approach towards judicial review is needed, and if so, how this can be achieved
 

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Contents

Tetra Laval and Beyond
7
Other areas of administrative regulation
16
The Scope of Review of Administrative Action From
23
The pragmatic and functional approach adopted by
31
Introduction
41
Principle of national autonomy
47
Judicial Review after Tetra Laval Some Observations From
51
Two stages of review
61
the technical discretion and
150
Concluding remarks on antitrust decisions and the scope
165
chapter io More Intensive Judicial Review in Competition Law
173
Competent courts
181
Judicial review in the electronic communications sector
191
Judicial Review in Competition Law and Economic
197
Introduction
205
Judicial review of administrative and governmental
211

Judicial review and procedural finality
68
Concluding remarks
74
Introduction
81
Some remarks on the enforcement process in Germany
88
Competition Authority
92
Judicial Review in French Competition Law and Economic
103
ECJ case law on judicial review and its relevance for
114
Conclusions
122
Introduction
129
Conclusions
143
Concluding remarks
221
Introduction
227
lack of landmark cases
236
Introduction
243
Challenging the decisions of the competition authorities
250
Legal consequences for the national courts
272
Concluding remarks
288
Cases
294
Copyright

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