In 2011, the European Court of Human Rights issued its widely noted Menarini judgment, stating that an administrative body may impose competition law penalties (which constitute criminal law sanctions) without infringing Article 6 ECHR, as long as the parties have the possibility to appeal such decisions before a tribunal with …read more
In its Menarini ruling, the European Court of Human Rights held that fines imposed by the Italian antitrust authority for the violation of competition law are criminal charges and that, consequently, the requirements of Article 6 of the European Convention of Human Rights apply. However, ECtHR did not consider it …read more
There is broad consensus on the need for, and growing importance of, transparency and procedural fairness in competition enforcement. However, the objectives, scope, and practical application of the associated procedural rights have never been undisputed. On the one hand there is a general belief that the wide powers of competition …read more
June 13, 2014
For the past little while I’ve been seeing more cases and articles related to advertising challenges based on misleading (or allegedly misleading) first impressions – that is competitor or consumer challenges based on what looks like the real deal, but may be a bit of image or headline …read more