Now the law. Annulment proceedings can be understood as a « procès fait à un acte ». EU law does not follow the adversarial model of litigation of anglo-american legal systems. « We » is inappropriate 2/n
And the law again. In continental law systems, judicial control of administrative decisions is a safeguard against excessive encroachment of executive power on the will of the people, as expressed in congressional legislation or constitutional principles and texts 3/n
Upshot? We, the citizenry, won here. END/
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The General Court (GC) was asked for 2nd time to review legality of an EUCommission setting a > €1 Bi fined against chip maker Intel for abuse of dominance. 2/n
When GC looked the 1st time, it gave the EC a satisfecit. The case was appealed to the upper EU Court (CJEU), which appeared more uncertain 3/n
The requirements of practice makes antitrust laws converge toward rebuttable presumptions, quasi rules, and structured standards 2/n
Use of per se rules moves away discussion from economic analytics => legal classification issues, as seen in early Sherman Act cases. Equally facts intensive, and costly for plaintiffs 3/n