Mapping reversals: an empirical account of Margrethe Vestager’s track record before the Court of Justice of the European Union

Margrethe Vestager ended her second term as European Commissioner for Competition in November 2024. During her tenure, 237 DG Comp decisions were reviewed by the Court of Justice of the European Union (CJEU). This study offers the first empirical account of her judicial track record. We find that 27.47% of DG Comp decisions have been at least partially overturned under her leadership, with more cases pending. In antitrust, the Commission lost 24.39% of decisions challenged in court. However, Article 102 decisions fared well: none initiated by Vestager was overruled. In merger control, only two out of seven contested decisions were overturned–just 0.05% of merger decisions issued. And in state aid, most losses stemmed from substantive rather than procedural issues. These findings reveal the legal resilience and limits of Vestager’s enforcement agenda, offering new insights into how the CJEU shaped EU competition law during her mandates.