Interaction between fundamental rights and competition law – Philippe-Emmanuel Partsch

The interaction between fundamental rights and competition law stems mainly from three phenomena: – The extension to legal entities of some fundamental rights; – The continuous concern of the European Courts from the early 70s to protect economic operators against undue interference from public bodies; – The dramatic increase of the level of fines for competition law infringements over the last 10 years. The article have focused on the application of fundamental rights to administrative and judicial proceedings involving competition law. It highlights that fundamental rights are also likely to intervene at a preliminary level, when defining the scope of competition law provisions. Indeed, fundamental rights may set hurdles and limits for competition law prohibitions. To read the full article, please click on the link below.

Contact an expert

Philippe-Emmanuel Partsch

Partner