Part II Control of Concentrations (Regulation (EC) 139/2004), 18 Judicial Review of Commission Decisions Regarding Concentrations

Abstract

This chapter addresses the judicial review of European Commission decisions regarding concentrations. The Courts of the European Union have exclusive jurisdiction to control the legality of the decisions adopted by the Commission in the field of concentrations. Over the years, judicial review of these decisions has touched many aspects of the Commission's practice, raising questions as to where the balance of discretion of the Commission and intensity of the review should lie. The European Courts have also examined the conformity of actions of Member States in relation to the Regulation. The resulting body of case law has been instrumental in the review and improvement of the working methods of the Commission and has played a major instigating role in the reform process that the Directorate-General for Competition (DG COMP) and the Merger Control Regulation (MCR) itself have undergone. Articles 263 TFEU and 21(2) of the MCR provide for the direct review by the EU Courts of decisions adopted by the Commission under the Regulation. That principle is reiterated in respect of decisions imposing fines or periodic penalty payments by Article 16 of the MCR, where the courts enjoy unlimited jurisdiction pursuant to Article 262 TFEU. Other acts adopted by the Commission under the MCR may also be challenged before the EU Courts.