The Role of Independent Competition Authorities as Quasi-Courts in Defending Rule of Law Values in Europe

This chapter analyzes the critical role of competition authorities in safeguarding undistorted competition and upholding the rule of law within the EU's legal and economic order. In addition to protecting market actors’ rights, individual economic freedoms, and democratic processes, the authorities’ work also ensures effective legal protection under Articles 19 TEU and 47 of the Charter. Their independence is vital to fulfilling these tasks, making them guardians of the “market's equivalent of separation of powers.” Although not recognized as courts under Article 267 TFEU, the General Court in Sped-Pro linked their independence to the effective enforcement of the values of Article 2 TEU. The chapter systematically explores EU competition law's constitutional role, the decentralized enforcement framework, and the implications of competition authorities’ quasi-judicial roles. It argues for their essential position in upholding rule of law values and concludes with reflections on their significance in the EU's legal and economic framework.