COMPETITION • EUROPEAN LAW • PROCEDURE
The principle of the presumption of innocence enshrined in Article 6(2) of the European Convention on Human Rights and incorporated into Article 48 of the EU Charter on Fundamental Rights, applies to procedures relating to competition that may result in the imposition of fines or periodic penalty payments. In accordance with that principle, the parties may contest ambiguous documentary evidence of the Commission with another “plausible explanation” of the facts. Likewise, doubts as to whether an undertaking participated in an unlawful meeting or about the precise scope of the infringement should operate to its advantage and preclude from finding its participation in the cartel.
