It has been argued that the EU Courts, when exercising their unlimited jurisdiction have the right, or at least should have the right, not only to cancel or reduce the fine but also to increase it—even in the absence of an appeal or an explicit claim or plea to this effect. So to what extent is the unlimited jurisdiction really “unlimited” or, on the contrary, circumscribed and limited by various rules and conditions? And what is the role, if any, of the principle of reformatio in pejus—which prohibits the modification of a decision or a judgment to the detriment of a party that alone has launched an appeal—when the EU Courts exercise their unlimited jurisdiction?

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Unlimited Jurisdiction in European Competition Law and the Prohibition of Reformatio in Pejus

  • Fredrik Schalin

摘要

 It has been argued that the EU Courts, when exercising their unlimited jurisdiction have the right, or at least should have the right, not only to cancel or reduce the fine but also to increase it—even in the absence of an appeal or an explicit claim or plea to this effect. So to what extent is the unlimited jurisdiction really “unlimited” or, on the contrary, circumscribed and limited by various rules and conditions? And what is the role, if any, of the principle of reformatio in pejus—which prohibits the modification of a decision or a judgment to the detriment of a party that alone has launched an appeal—when the EU Courts exercise their unlimited jurisdiction?