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1 results

  • 15 - Human Rights Jurisprudence and the Effectiveness of Competition Law Sanction

  • from Part I - General Chapters
  • Edited by Tihamer Tóth
  • Book:
    The Cambridge Handbook of Competition Law Sanctions
    Published online:
    29 July 2022
    Print publication:
    23 June 2022, pp 242-256

  • Summary

    The chapter highlights the main legal arguments under the European Convention on Human Rights and in the jurisprudence in the European Court of Human Rights which resulted in the Menarini judgment declaring Italian competition law to be quasi-criminal and thereby enabling the effective protection of Article 6 of the ECHR. Both EU and Hungarian competition law are quasi-criminal – mainly – due to the increased level of fines imposed by the relevant competition authorities. Article 6 requires effective judicial review in the form of full review, which however is a question that is still not answered satisfactorily in both Hungarian and EU law. This chapter only focuses on the review of fines, where the practical judicial oversight is compatible with the de facto full review requirement of the Menarini judgment.