Gibbs, Alun

Harding, Christopher

English

This study analyses the legal argument in and outcome of appeals against decisions of the European Commission in EC cartel cases over the last decade. It takes as its starting point the argument presented by Montag (1996) that defects in procedure or unsubstantiated findings of fact led to a high proportion of successful appeals in the 1980s and earlier 1990s, and so to a 'crisis in cartel infringement procedure'. The discussion here probes the quantitative and qualitative methodology of assessing the outcome of such appeals, with particular reference to cases dealt with since the middle of the 1990s. A reading of this sample suggests a low rate of success for cartel appellants, both in terms of legal argument and reversal of the Commission's decisions. This in turn prompts questions concerning the motivation behind such appeals, the deployment of resources in relation to this kind of procedure, and the role of the procedure itself in the European legal order

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Aberystwyth UniversityWhy Go to Court in Europe? An analysis of Cartel Appeals, 1995-2004Gibbs, Alun; Harding, ChristopherPublished in:European Law ReviewPublication date:2005Citation for published version (APA):Gibbs, A., & Harding, C. (2005). Why Go to Court in Europe? An analysis of Cartel Appeals, 1995-2004.European Law Review, 3, 349-370.General rightsCopyright and moral rights for the publications made accessible in the Aberystwyth Research Portal (the Institutional Repository) areretained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by thelegal requirements associated with these rights.            • Users may download and print one copy of any publication from the Aberystwyth Research Portal for the purpose of private study orresearch.            • You may not further distribute the material or use it for any profit-making activity or commercial gain            • You may freely distribute the URL identifying the publication in the Aberystwyth Research PortalTake down policyIf you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediatelyand investigate your claim.tel: +44 1970 62 2400email: is@aber.ac.ukDownload date: 18. Apr. 2020

Why Go to Court in Europe? An analysis of Cartel Appeals, 1995-2004

https://pure.aber.ac.uk/portal/files/78603/Why%20go%20to%20court%20in%20Europe.pdf

Why Go to Court in Europe? An analysis of Cartel Appeals, 1995-2004

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