Role of Judicial Review in Merger Control, The Symposium on European Competition Law

Clough, Mark | January 1, 2004

This article explains the role of judicial review in European Community (“EC”) Merger Control (“ECMR”) by reference to the Airtours case and three other important recent judgments of the European Court of First Instance (“CFI”) (Schneider, Tetra Laval and Lagardére), all decided in 2002. Article 230 of the EC Treaty, which governs actions for annulment of acts adopted by the EC Institutions “on the grounds of lack of competence, infringement of an essential procedural requirement, infringement of this [EC] Treaty or of any rule of law relating to its application, or misuse of powers,” is considered only in the context of these cases. General questions of admissibility, evidence and procedure are outside the scope of this article.