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In Search of a Manifest Error: Dutch Complexities Between Certainties of the Law and Uncertainties of Economics?


Arjen Meij

The references in the KME case to Tetra Laval1 and Lenzing2 make it particularly clear that judicial review of legality in the whole range of EU competition law, including merger review and State aid, follows basically one single standard. In the areas of cartel and dominance, the application of the test has, over the last few years, given rise to extensive if not hot debate on whether its appearances designated as ‘light’ or even ‘deferential’ review comp


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