This Article considers, in light of the judgment in Tetra Laval ECJ, what standard the Commission's decisions in the field of merger control must satisfy if they are to withstand judicial scrutiny, and whether the Commission's concerns that the standard has been raised are justified. We also consider how the Courts' review of Commission decisions has evolved, what the standard of such judicial review now is, and what margin of appreciation is left to the Commission. Along the way, some observations are made as to how the position could be clarified further so as to ensure a satisfactory competition law regime that inspires confidence and promotes legal certainty.
Tony Reeves and Ninette Dodoo,
Standards of Proof and Standards of Judicial Review in European Commission Merger Law ,
29 Fordham Int'l L.J. 1034
Available at: https://ir.lawnet.fordham.edu/ilj/vol29/iss5/5