CASE COMMENTS: PROCEDURES – ART 6(1) ECHR

Art. 6, § 1 CEDH: The ECHR rules on standard of judicial review on cartel decisions adopted by national competition authorities (Menarini Diagnostics/Italy)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. EDH Court, 27 September 2011, Menarini Diagnostics v. Italy, no. 43509/08 Menarini is an Italian company which was fined EUR 6 million in 2003 by the Autorità Garante della Concorrenza e del Mercato for participating in a cartel prohibited by national competition law. In an action against that decision, Menarini complained, unsuccessfully, that it had been unable to obtain effective judicial protection. More specifically, it argued that the review by the Italian administrative court, limited to legality, fell short of full judicial review. Before the European Court of Human Rights, Menarini developed this argument under the cover of Article 6(1) of the

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  • European Court of Justice (Luxembourg)

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Pascal Cardonnel, Art. 6, § 1 CEDH: The ECHR rules on standard of judicial review on cartel decisions adopted by national competition authorities (Menarini Diagnostics/Italy), 27 September 2011, Concurrences N° 4-2011, Art. N° 40020, pp. 166-168

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