Thursday, May 23, 2024
The (second) modernisation of Article 102 TFEU: reconciling effective enforcement, legal certainty and meaningful judicial review
The (second) modernisation of Article 102 TFEU: reconciling effective enforcement, legal certainty and meaningful judicial review
This paper discusses how Article 102 TFEU can be interpreted and applied in a manner that is consistent with effective enforcement, legal certainty and meaningful judicial. review. First, it explains the points of convergence and divergence between the key actors in the system. In particular, it shows that the Court has a duty to ensure that EU law is uniformly applied across the Union, while allowing for the necessary flexibility into the system. Second, the paper summarises the Article 102 TFEU acquis of the past decade and contrasts it with the remaining uncertainties. Finally, it identifies four key principles which could ensure that the three abovementioned interests can be reconciled.
https://lawprofessors.typepad.com/antitrustprof_blog/2024/05/the-second-modernisation-of-article-102-tfeu-reconciling-effective-enforcement-legal-certainty-and-m.html
