This project creates a new, open-access dataset of all judicial review judgments of public competition law enforcement actions of Articles 101 and 102 TFEU and the national equivalent provisions, rendered by the national courts of the EU 27 Member States and the UK. The dataset covers a 17 years period, starting from the decentralisation of EU competition law enforcement in May 2004 and ending in April 2021.
The dataset is developed with the assistance of national rapporteurs, experts in the relevant national enforcement system of competition law. The coding of the dataset is based on a coding book (PDF) that has been developed by the project team and allows to compare the enforcement across jurisdictions. The coding book identifies 32 variables, including information on the case identification and parties, the national competition authority’s decision being reviewed and the procedural tools used, the ground for appeal, and the outcome of the case. Moreover, it provides information on the national judicial review system as a whole, such as the system of specialised/non-specialised courts, the criminal/administrative nature of the fine imposed for the infringements of Articles 101 and 102 TFEU, the limitation periods, and national reforms during the relevant period.
The results of the coding are summarised by national reports – each including a detailed quantitative and qualitative analysis of all judgments during the project period. The national reports will be published in a special edited book collection tilted “Judicial Review of Competition Law Enforcement in the EU Member States – Empirical Mapping 2004-2021”, to be published by Kluwer Law International (forthcoming 2023).
The dataset of cases and the coding will be available for future researchers upon the complication of the project. Please contact the project’s team for more information. This openly accessible database provides robust, empirically-based evidence to assess the effectiveness and impact of national approaches to judicial review of EU and UK competition laws. It offers a vital resource for academics and policy makers to reflect on the current practices and future reforms.