What explains the CFI's deference towards the Commission in Article 82 EC cases?
CFI judges believe in ordo-liberalism
CFI judges are ill-equipped to deal with complex economic/factual assessments
CFI judges do not want to stray away from the standard of review set by ECJ
Commission decisions are genuinely solid and robust
CFI is more lenient in areas where Commission acts ex post (by contrast to ECMR)
Other:
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