The European Court of Human Rights and the Court of Justice of the European Union have clarified in two decisions the relationship between administrative competition proceedings and fundamental rights. The Strasbourg Court holds that an administrative authority, which is not an independent and impartial tribunal in the meaning of Article 6, may impose fines in competition proceedings. The Court of Justice of the European Union clarifies in the KME decision, the scope of judicial review of the General Court.
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Two rulings in the space of a few weeks, one by the European Court of Human Rights and the other by the Court of Justice of the European Union, have shed decisive light on the highly controversial issue of the relationship between administrative procedures for the enforcement of competition law infringements and fundamental rights. In the Menarini judgment, delivered on 27 September 2011, the Strasbourg Court examined the compliance with Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms of the imposition by an administrative authority, in this case the Autorità Garante della Concorrenza e del Mercato, of financial