169In the applicant’s submission, the circumstances of the present case are different from those in Bolloré v Commission, paragraph 48 above, paragraphs 86 to 89. In the first place, the identity of the person who made the statement on which the Commission based its finding of infringement in the present case, Mr A.P., was known and the applicant formally sought to examine him. In the second place, in so far as the Commission seeks to rely on this Court’s statement that the Commission is not a tribunal for the purposes of the ECHR, the applicant claims that it is for the Commission to ensure that the procedure as a whole complies with Article 6(3)(d) ECHR. In the third place, the Commission appears to rely on this Court’s assertion (on the basis of Case T-83/91 Tetra Pak v Commission [1994] ECR II-755, paragraph 235) that fines imposed for an infringement of a provision of competition law are not of a criminal-law nature.
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