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EU Competition Law and the Charter of Fundamental Rights: An overview of EU and national case law

1. The Protection of Fundamental Rights in Competition Law Fundamental rights are an integral element of the rule of the law, and any system which purports to respect the rule of law must be seen to respect the fundamental rights of the individuals subject to it. At this particular moment, with the COVID-19 pandemic, fundamental rights are an issue of special debate and concern. [1] The European Union (the “EU”) approach to fundamental rights is somewhat complex. The Member States are all subject to the system of the European Convention on Human Rights (“ECHR”) and the European Court of Human Rights (“ECtHR”). [2] The EU Courts first referred to the ECHR in 1974, and have since then repeatedly stated that the ECHR enjoys “special significance” [3] in the EU. The relationship is now

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Jacquelyn MacLennan, Bram Vereecken, Aron Senoner, EU Competition Law and the Charter of Fundamental Rights: An overview of EU and national case law, 3 December 2020, e-Competitions ECHR, Art. N° 96586

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