The scope of review of merger decisions under Community law

Introduction:

"In this article we consider the nature and extent of the Court’s review of Commission merger decisions under Article 230 EC. We summarise the basic grounds for annulment under Article 230 and consider how these are applied in merger cases, before examining in more detail the scope of judicial review in merger cases as regards procedural irregularities, errors of substantive law and errors of assessment. Finally, we also consider briefly the additional scope for judicial scrutiny of Commission merger decisions in the context of an action for damages under Article 288(2) EC, a matter currently before the CFI for the first time."