Merger Decisions and the Rules of Procedure of the European Community Courts

Article 340 TFEU, which provides a method of compensation for victims of the
Commission's errors, is invoked as the basis for actions against
Commission decisions under the Merger Control Regulation. Accordingly, the
rules of procedure of the Community Courts come into play. This probing
analysis asks the important questions: What limits can be imposed on the
discretion of the Community Courts acting within their own rules of procedure?
Is the manner in which the Court of Justice interprets those rules sufficient?

Focusing on the crucial Court responsibilities of investigating facts and
assessing economic damage in relation to the type of non-contractual liability
apparent in antitrust cases, the author convincingly demonstrates that the
scope for 'case management' by the Courts is strictly limited,
and may engender information or evidentiary deficits that contravene ECHR Art
6.1 as well as the principles of effective judicial protection and rectitude
of decision. A claim for compensation pursuant to Art 340 TFEU may be struck
merely because the basic elements of the cause of
action cannot be established to a minimal level.

As a penetrating analysis of the restricted discretion which the Community
Courts exercise as distinct from the statutory context in which they operate,
this book clears new ground in EU law. Showing that Commission decisions in
antitrust cases - which consider hypothetical future
situations in the event of a proposed merger being carried out - are not
easily reconcilable with the judicial review function of the Courts,
particularly when such decisions have financial and other adverse
consequences, the author provides lawyers, policymakers, and academics in EU
competition law with a new and challenging perspective on their field.