Life after Menarini: The Conformity of the Hungarian Competition Law Enforcement System with Human Rights Principles

Yearbook of Antitrust and Regulatory Studies 11(18); 2018

26 Pages Posted: 17 May 2019

See all articles by Tihamer Toth

Tihamer Toth

Peter Pazmany Catholic University - Faculty of Law; Competition Law Research Centre, Hungary

Date Written: December 30, 2018

Abstract

The corporate human rights development was fueled by the increasing amount of fines imposed on both European and national level. For many years, the jurisprudence of the ECtHR has classified administrative, including competition law enforcement as a quasi-criminal process during which human rights shall be respected to a certain extent. This paper strives to explain the evolution of competition law enforcement in Hungary, with procedural safeguards protecting undertakings having come close to the level of protection provided under criminal law. Of the numerous human rights relevant in competition law enforcement the paper will focus on institutional check-and-balances, and the appropriate level of judicial review. The thoroughness of the judicial review of administrative decisions resulting in fines is critical to the analysis of whether the traditional continental European structure of administrative law enforcement is in conformity with the principles of the ECHR. The narrow interpretation of the prohibition of judicial re-evaluation and judicial deference to competition authorities exhibiting significant expert knowledge is of central importance in this debate.

Keywords: human rights, competition law enforcement at national level, the Hungarian Competition Authority, judicial deference, administrative judicial Review, fines

JEL Classification: K23

Suggested Citation

Toth, Tihamer, Life after Menarini: The Conformity of the Hungarian Competition Law Enforcement System with Human Rights Principles (December 30, 2018). Yearbook of Antitrust and Regulatory Studies 11(18); 2018, Available at SSRN: https://ssrn.com/abstract=3373550

Tihamer Toth (Contact Author)

Peter Pazmany Catholic University - Faculty of Law ( email )

Budapest
Hungary

Competition Law Research Centre, Hungary ( email )

PPKE-JAK
Szentkiralyi u. 28.
Budapest, H-1088
Hungary

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