The EU Courts Play a Crucial Role in Ensuring Compliance of the EU’s System of Competition Law Enforcement With Due Process Rights (2)

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Georg Berrisch, Dec 31, 2014

In its Menarini ruling, the European Court of Human Rights held that fines imposed by the Italian antitrust authority for the violation of competition law are criminal charges and that, consequently, the requirements of Article 6 of the European Convention of Human Rights apply. However, ECtHR did not consider it incompatible with Article ECHR that these fines were adopted by an administrative authority and not an “independent and impartial tribunal established by law,” because, in the view of the …

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