Book contents
- The Cambridge Handbook of Competition Law Sanctions
- The Cambridge Handbook of Competition Law Sanctions
- Copyright page
- Contents
- Authors’ Affiliations
- Acknowledgment
- Part I General Chapters
- 1 The Quest to Create an Effective Set of Competition Law Sanctions
- 2 The Role of Fines in the Toolkit of Competition Agencies
- 3 Sanctions on Legal Persons
- 4 The Effectiveness of European Antitrust Fines
- 5 Corporate Governance and Competition Law Sanctions
- 6 Antitrust Criminalization As a Legitimate Deterrent
- 7 Criminalization of Anticompetitive Conducts
- 8 “Consensus”-Based Sanctions and Commitments
- 9 Effectiveness of Commitment Decisions
- 10 Compliance Policies and Sanctions
- 11 The Role of Administrative Courts in the Effective Enforcement of Competition Law Sanctions
- 12 Civil Sanctions in Antitrust Public Enforcement
- 13 What Role for Private Enforcement in EU Competition Law?
- 14 The Insights of Labor Law
- 15 Human Rights Jurisprudence and the Effectiveness of Competition Law Sanction
- 16 Catholic Teaching on Just Punishment, Especially in Connection with Financial Matters: According to the 1983 Code of Canon Law
- Part II Country Reports
15 - Human Rights Jurisprudence and the Effectiveness of Competition Law Sanction
from Part I - General Chapters
Published online by Cambridge University Press: 29 July 2022
- The Cambridge Handbook of Competition Law Sanctions
- The Cambridge Handbook of Competition Law Sanctions
- Copyright page
- Contents
- Authors’ Affiliations
- Acknowledgment
- Part I General Chapters
- 1 The Quest to Create an Effective Set of Competition Law Sanctions
- 2 The Role of Fines in the Toolkit of Competition Agencies
- 3 Sanctions on Legal Persons
- 4 The Effectiveness of European Antitrust Fines
- 5 Corporate Governance and Competition Law Sanctions
- 6 Antitrust Criminalization As a Legitimate Deterrent
- 7 Criminalization of Anticompetitive Conducts
- 8 “Consensus”-Based Sanctions and Commitments
- 9 Effectiveness of Commitment Decisions
- 10 Compliance Policies and Sanctions
- 11 The Role of Administrative Courts in the Effective Enforcement of Competition Law Sanctions
- 12 Civil Sanctions in Antitrust Public Enforcement
- 13 What Role for Private Enforcement in EU Competition Law?
- 14 The Insights of Labor Law
- 15 Human Rights Jurisprudence and the Effectiveness of Competition Law Sanction
- 16 Catholic Teaching on Just Punishment, Especially in Connection with Financial Matters: According to the 1983 Code of Canon Law
- Part II Country Reports
Summary
The chapter highlights the main legal arguments under the European Convention on Human Rights and in the jurisprudence in the European Court of Human Rights which resulted in the Menarini judgment declaring Italian competition law to be quasi-criminal and thereby enabling the effective protection of Article 6 of the ECHR. Both EU and Hungarian competition law are quasi-criminal – mainly – due to the increased level of fines imposed by the relevant competition authorities. Article 6 requires effective judicial review in the form of full review, which however is a question that is still not answered satisfactorily in both Hungarian and EU law. This chapter only focuses on the review of fines, where the practical judicial oversight is compatible with the de facto full review requirement of the Menarini judgment.
- Type
- Chapter
- Information
- The Cambridge Handbook of Competition Law Sanctions , pp. 242 - 256Publisher: Cambridge University PressPrint publication year: 2022