Competition court in the dock
The CBI's recent call for a European competition court has rekindled a long-running debate about how Brussels' merger decisions should be reviewed. Deirdre Trapp looks at the background to the CBI's proposals and suggests an alternative way forward
It has been several years since the Court of First Instance (CFI) delivered its high-profile judgments over-turning European Commission prohibition decisions in Airtours, Schneider Legrand and Tetra Laval. Those cases generated a heated debate about both the EC’s merger control process and the role of judicial oversight exercised by the CFI. The time that has elapsed since those judgments, and the use of the CFI’s expedited review process in subsequent cases, gives us a wider perspective to analyse the current calls for reform.
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