Judicial deference is sometimes taken with scepticism and associated with limited judicial review or even a court’s complete abdication of its role. It is not necessarily so. By referring to competition law, I would like to argue that a deferential style of judicial review of competition authorities’ determinations based on their expert knowledge is permissible on the condition that administrative proceedings are fair, competent and impartial and on the condition that judicial review is effective. If properly understood, judicial deference can positively influence the effectiveness of EU law while not undermining the protection of the rights of private firms involved in competition proceedings.
Continue reading “Explaining Judicial Deference in Competition Law”