The protection of human rights and the fair rivalry – the new mechanisms for the court protection

Abstract

The article is devoted to the concept of the right to fair competition that is new in the doctrine. The author proposed consideration of the right within economic and social aspects. Decisions of the Court of the European Union on human rights violations in cases competition policy as well as cases of the European Court of Human Rights in cases involving breach of competition rules were investigated. The role of
the ECHR decision in the Menarini case was lightened for further expansion in the area of competence of the ECtHR in issues related to the enforcement of fair competition.
Key words: the right of fair competition, human rights, European Union, Curt of European Union, European Court of Human Rights, Case Menarini.