EUROPEAN MODEL OF LEGAL REGULATION OF COMPETITION: IMPACT OF ORDOLIBERALISM

Abstract

Article is devoted to the analysis of theoretically and practical aspects of human rights protection mechanisms in cases of violations of competition into the EU. It was determined that the right to fair competition has economic as well as social aspect. The basics of competition protection on the EU level (covered in Articles 101 and 102 TFEU) were rooted from the doctrine of ordoliberalism. The social aspect of the right to fair competition shows consumers the right to receive fair benefits to the domestic market by staying in the equal access to the goods and / or services. The Charter of Fundamental Rights, which, according to the Treaty of Lisbon, is one of the fundamental documents of the EU, confirms this social dimension of the right to fair competition. Article 38 of the Charter states that “the Union’s policies ensured a high level of consumer protection.” This means that one of the objectives of EU competition policy is to protect consumer rights. It should be noted that in almost all cases concerning violations committed by the subjects of competition law, the EU Court of Justice deviated from the issue of the protection of human rights. CJEU jurisprudence in the field of human right violations in competition sphere & the ECHR practice in cases concerning violations of competition (specifically Menarini case) was researched. This case demonstrates the immediate relevance of fundamental rights to EU competition law enforcement.