Abstract

Abstract This chapter focuses on the judicial review of different types of Commission decisions. It considers the developments in case law reflecting the need to ensure compliance with the principle of effective judicial protection and give legitimacy to the EU antitrust procedure. The institutional design of EU antitrust law reveals a significant concentration of power in one institution: the European Commission. Such concentration of power in a quasi-criminal area of EU law may create a structural risk of a prosecutorial bias. It is therefore critical to ensure effective judicial protection through in-depth judicial oversight of the Commission’s actions and inactions. The chapter then considers the action for annulment, which is the main procedural vehicle for reviewing the legality of Commission decisions.

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