In recent years, European Commission dawn raids conducted with the support of national authorities have been a bone of contention before the European Court of Human Rights ("ECtHR"). Interestingly, in most of these cases, it was France which the ECtHR found to have infringed upon the European Convention on Human Rights ("ECHR"). Venturing beyond the mainstream antitrust space, this edition of Brussels à Jour is reflecting on the Casino case, the latest addition to that list. The case unveils potential loopholes that the regime governing Commission inspections (Article 20 of Regulation 1/2003) and the interplay between the judicial review in Luxembourg and at Member State level might create.
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