Pal Szilagyi

Fundamental rights protection and competition law in the European Union Pal Szilagyi

The book is a short review of recent developments in the interaction of fundamental rights and EU competition law. The European Union courts adopted a view where they try to reconcile old case law and recent developments under the European Convention of Human Rights. The result is, however unsatisfactory and ambiguous. In competition policy the commentators often call for an effects based approach. In the author's view, this is what also happened in this field, namely, that fundamental rights considerations are assessed from a perspective, whether the outcome of the case would such that the European Commission can preserve the margin of appreciation it has, without a full review control as understood in the ECtHR case law.