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The Balance Between Effectiveness and Fundamental Rights Protection in the Law and Enforcement of Article 101 TFEU

DOI https://doi.org/10.21552/core/2019/4/5

Baskaran Balasingham


Effectiveness and due process require careful balancing in order to safeguard a workable enforcement environment. On the one hand, the legal qualification of collusive conduct has been facilitated to some degree by a broad interpretation of Article 101(1) TFEU and the use of presumptions. On the other hand, the burden and standard of proof, as well as the judicial review in relation to EU cartel proceedings satisfy the right to a fair trial under Article 6 of the European Convention on Human Rights (ECHR). This article argues that the EU Courts have succeeded in establishing a proper balance between effective cartel enforcement and the protection of fundamental rights.
Keywords: Article 101 TFEU, Cartel Enforcement, Effectiveness, Fundamental Rights, Judicial Review

Baskaran Balasingham, Lecturer, Macquarie Law School, Macquarie University, Australia. For correspondence: <mailto:baskaran.balasingham@mq.edu.au>.

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