In two decisions this year — the second of which the European Commission recently decided not to appeal — the European General Court pushed back against the expansive overreach that competition enforcers have been peddling for the better part of two decades. Just as in the United States, European courts provide significant guardrails against administrative agency overreach. Today, this is particularly notable in matters concerning tech companies.
While U.S. competition policies are beginning to move toward a European approach, Europe’s courts are now holding steadfast in subjecting enforcement decisions to strict procedural and substantive scrutiny. Critically, this includes an emphasis on economic evidence to prove harm — a standard we must continue to protect at home.
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