Edited by eminent judges Tim Eicke KC and Douglas H. Ginsburg, this collection of essays combines perspectives from current and former judges, alongside notable academics, to explore the framework and practice in relation to judicial review of alleged infringements of competition law across leading jurisdictions.


This multi-jurisdictional guide explores the framework and practice in relation to judicial review of competition cases across leading jurisdictions. In a comparative study composed of seventeen essays, current and former judges, alongside notable academics and enforcers, provide global perspectives on universally relevant issues. Topics addressed include questions of fundamental rights and due process, as well competition-specific concerns regarding merger review, monopolization, inspection decisions, fine-setting by the European Commission, and State aid in tax-related matters, among others.




CONTENTS



Foreword

Douglas H. Ginsburg, United States Court of Appeals for the District
of Columbia Circuit



Foreword

Tim Eicke KC, European Court of Human Rights



Table of Cases



AUSTRALIA

Competition in Australia: The Law and the Courts
Antony Colafella and Mel Marquis, Monash Law School



CHINA

China’s Antitrust Administrative Litigation: Problems and Solutions
Liyang Hou and Shuai Han, Shanghai Jiao Tong University



COUNCIL OF EUROPE

Judicial Review and Competition Cases in the European Court of Human
Rights Case Law
Erik O. Wennerström, European Court of Human Rights



EUROPEAN UNION

Judicial Review of Inspection Decisions
Anthony M. Collins, Court of Justice of the European Unión


Are There Any ‘Limits to Unlimited Jurisdiction’? – Judicial Review
of Commission Discretion in Setting Fines for Breaches of EU Competition Rules
Juliane Kokott and Hanns Peter Nehl, Court of Justice of the European Union


Application of State Aid in Tax-Related Matters and Judicial Control
of Such Cases
Henrik Saugmandsgaard Øe and Amalie Ussing, Gorrissen Federspiel



FRANCE

Judicial Review of the Decisions of the French Competition Authority
Irène Luc, French Competition Authority



GERMANY

Judicial Review of Merger Decisions in Germany: Reconciling Structural
Concepts with Effects Analysis
Stefan Thomas, University of Tübingen



HONG KONG (SPECIAL ADMINISTRATIVE REGION)

The Impact of Fundamental Rights on Judicial Review in Hong Kong
Competition Law
Godfrey Lam, Court of Appeal Hong Kong Special Administrative Region



INDIA

Judicial Review of Competition Cases in India
Geeta Gouri, Competition Commission of India



ITALY

Binding Effects of the Decisions of the National Competition Authorities for
Courts and Judicial Review in the European Union: an Italian Perspective
Gabriella Muscolo, Franzosi Dal Negro Setti with Muscolo



JAPAN

Legal Interpretation and Judgment Framework of Japan’s Regulations
on Private Monopolisation
Reiko Aoki and Kazuya Muta, Japan Fair Trade Commission



POLAND

Intensity of Judicial Review of Decisions on Competition Protection
in Polish Law
Przemysław Ostojski, Academy of Justice in Warsaw



SOUTH AFRICA

Judicial Review of Public Interest Issues in Mergers in South Africa:
From Walmart to Burger King
Norman Manoim, High Court of South Africa | University of Johannesburg



UNITED KINGDOM

Judicial Oversight of UK Competition Law: A Fragile Consensus?
Peter Freeman CBE KC (Hon), UK Competition Appeal Tribunal


Rights of Defence and the Right to Be Heard in Competition Cases:
Perspectives from English and EU Law
Hugh Mercer KC, Essex Court Chambers | Alphalex-Avocats GEIE,
and Bibek Mukherjee, Essex Court Chambers



UNITED STATES

Judicial Review of Competition Decisions in the U.S. Courts
Diane P. Wood, Court of Appeals for the Seventh Circuit | University
of Chicago Law School