The neglected nexus between competition law and human rights: standard of proof for pecuniary penalties

Abstract This paper examines the standard of proof applicable in proceedings for imposing pecuniary penalties violation competition rules. Australia, New Zealand and UK have chosen civil standard. unfortunately overlooks safeguards required by relevant human rights treaties that involve determination a ‘criminal charge’. Conversely, Hong Kong has adopted criminal standard, which may prove unworkable these economic analysis is key. After analysing whether one set this quagmire aside asserting do not charge, it will be argued more plausible solution to accept charge characterisation, limit effects-based elements apply other elements. achieve permissible proportionate derogation from safeguards. Similar bifurcated models been charges such as public nuisance harassment, successfully withstood challenges.