Recent Developments in the Case-Law of the ECtHR on the Right to a Fair Trial in Competition Proceedings

摘要

The concrete implications of the right to a fair trial enshrined in Article 6 of the European Convention on Human Rights ('ECHR') in the context of competition proceedings remain much debated both in the academic literature and in pleadings before all competent courts. In that regard, the European Court of Human Rights ('ECtHR') has issued a number of judgments shedding some light on that question. This article will briefly comment on two recent cases in which the ECtHR reiterated the applicability of Article 6 ECHR to competition proceedings - and its limits - and addressed more specifically two issues, namely the judicial review of inspections and the use of hearsay as evidence to fine companies for infringements of competition law.