Review by the courts of the enforcement of competition law ensures that the enforcement process and decisions are lawful, the parties’ rights are observed and competition authorities’ discretion is defined. Parties should have access to impartial review of decisions by an independent adjudicator. The discussion at the 2010 and 2011 OECD roundtables on procedural fairness and transparency highlighted that an effective judicial review complements the internal procedures that competition authorities put in place to ensure due process, and contributes to guaranteeing the rule of law and ensuring the consistency and credibility of enforcement.
The roundtable in June 2019 examined the review of enforcement decisions and investigation steps by courts, and referred to methods ensuring that courts have access to expertise in competition law and economics.
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