AG Sharpston’s Opinion in KME: a new step toward full appellate jurisdiction in antitrust cases (imposing fines)?
In her recent Opinion in the KME case, AG Sharpston ventured a few considerations on the nature of EU antitrust decisions and on the due process requirements arising from Article 6 of the European Convention on Human Rights (ECHR) on the right to a fair trial, to be added to a growing list of signals perceptible in recent judgments of a progressive move toward a broader interpretation of the EU Courts unlimited jurisdiction and, possibly, the exercise of full appellate jurisdiction over Commission decisions imposing fines.