Monday, November 23, 2020

Competition Law and Fundamental Rights

Competition Law and Fundamental Rights

Key points
  • This survey covers key developments regarding competition law and fundamental rights, such as the right to privacy, the rights of defence, the right to be heard, the right to an impartial decision maker, and the right to an effective judicial remedy, over the period July 2018–July 2020.

  • Over the past 2 years, European Union and national courts have rendered important judgments in relation to dawn raids for example in the Power Cables cases. In relation to dawn raids, a tension continues to exist between the case law of the European Court of Human Rights (and national courts) and that of the Court of Justice, as regards the availability of an immediate judicial remedy against measures taken during the raids.

  • Also noteworthy are the cases relating to staggered hybrid settlement cases, namely Pometon and HSBC, in which the General Court rejected the claims of breach of the presumption of innocence and duty of impartiality, albeit in different ways.

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