Due Process in Antitrust Proceedings Before the European Commission: Fundamental Rights are Not Enough

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Martin Mollmann, Jun 16, 2014

In 2011, the European Court of Human Rights issued its widely noted Menarini judgment, stating that an administrative body may impose competition law penalties (which constitute criminal law sanctions) without infringing Article 6 ECHR, as long as the parties have the possibility to appeal such decisions before a tribunal with full jurisdiction as to facts and law, not merely to review legality.

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