Case law of the General Court Sample Clauses

Case law of the General Court. The GC assesses the legality of the Commission’s decisions in the first instance. Its judgments can be appealed to the CJEU on points of law only.159 The GC has taken a robust approach to EU competition law and its judgments have helped shape the competition law landscape. That is not to say it has been consistent. Since its inception in 1989 and in contrast to the CJEU, the GC’s jurisprudence expresses most clearly the xxxxx dichotomy between the orthodox approach and the MAAP. Four seminal judgments are selected for review, which best demonstrate this diversity in approach to the object criterion. It becomes evident from this analysis that the GC has exerted the most influence on the orthodox approach. However, the dominance of the orthodox approach is again challenged as the GC subscribes to the MAAP in two key cases.160 This raises the question of why the orthodox approach has become so dominant within legal discourse. It may be that the Commission has given its policy in respect of the object criterion an inflated status over the law. Certainly, the Commission failed openly to acknowledge the existence of a more analytical approach in its Article 81(3) Guidelines: it has not distinguished its policy approach from the law. Hence, the repercussions are that the MAAP was overshadowed by the orthodox approach. This has had far-reaching consequences on the legal landscape.
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