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ECHR and competition law post Menarini: An overview of EU and national case law

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Introduction A year ago a foreword to e-Competitions by Ian Forrester QC addressed the issue of judicial review in competition cases at EU and national level [1]. The author concluded, first, that "Member States courts have been far more interventionist in reviewing decisions made by their national competition authorities than is the current norm in Luxembourg" [2]; and secondly "The procedures of the European Commission are arguably weak, yet the intensity of judicial review accorded to its decisions is arguably deferential" [3]. Since then, the judgment of a chamber of the European Court of Human Rights of 27 September 2011 in Menarini [4] has examined the impact of Article 6(1) of the ECHR in competition cases. Arguments under Article 6(1) were also advanced before the Court of

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Christopher Bellamy QC, ECHR and competition law post Menarini: An overview of EU and national case law, 4 July 2012, e-Competitions ECHR, Art. N° 47946

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