Evidence Proof And Judicial Review In Eu Competition Law Pdf

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Evidence, Proof and Judicial Review in EU Competition Law

Skip to search form Skip to main content You are currently offline. Some features of the site may not work correctly. DOI: Torre and E. Torre , E. Fournier Published Political Science. View PDF. Save to Library. Create Alert. Launch Research Feed. Share This Paper. Citation Type. Has PDF. Publication Type. More Filters. Research Feed. Causation in Competition Law Damages Actions.

Evidence standards in the judicial review of restrictive measures. Related Papers. Abstract 7 Citations 4 References Related Papers. By clicking accept or continuing to use the site, you agree to the terms outlined in our Privacy Policy , Terms of Service , and Dataset License.

Evidence, Proof and Judicial Review in EU Competition Law

Use of this Web site signifies your agreement to the terms and conditions. Special Issues. Contact Us. Change code. International Journal of Law and Society. In EU competition law, presumptions are widely used for reasons of efficiency.

Evidence Standards in EU Competition Enforcement

Fernando Castillo de la Torre and Eric Gippini Fournier, two of the most experienced competition litigators at the European Commission, undertake an in-depth analysis of the case law of the EU Courts on the rules of evidence, proof and judicial review, as they are applied in EU competition law. These topics often engage with fundamental rights, and the book takes stock of the most frequent criticisms that are made of the EU enforcement system and review by EU Courts. The result is an extremely thorough and well-structured review of the relevant rules of law and of the precedents. The authors combine valuable insights and critical analysis to construct a definitive yet balanced portrayal of the state of EU competition law. Table of legislation.

Skip to search form Skip to main content You are currently offline. Some features of the site may not work correctly. DOI: Torre and E. Torre , E. Fournier Published Political Science. View PDF.

This paper examines different issues relating to evidence, proof and judicial review, having certain recent criticisms in mind. It examines how judges approach certain types of evidence and submits that standards of proof in competition law have in practice been set very high. Judicial review has also been thorough from the beginning, and issues that are presented as issue of fact may hide simply differences about the law. It is also submitted that criticisms of the institutional system based on its alleged incompatibility with fundamental rights do not appear to find a robust basis in the existing case law of the European Court of Human Rights. World Competition.

Please note that ebooks are subject to tax and the final price may vary depending on your country of residence. What rules or principles govern the assessment of evidence in EU competition enforcement? This book offers, for the first time, a comprehensive academic study on the topic. Its aim is twofold. Firstly, it produces a typology of evidence standards in competition proceedings at the EU level, thereby systemising the guidance that is currently dispersed in the case-law of the EU Courts. Secondly, it examines the applicable evidence rules and principles with a view to better understanding their role in EU competition enforcement.


PDF | On Oct 1, , Sílvia Bessa Venda published Evidence, Proof and Judicial Review in EU Competition Law by Fernando Castillo de la.


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This section selects books on themes related to competition laws and economics. The survey usually covers publication over the last three months after publication of the latest issue of Concurrences. Publishers, authors and editors are welcome to send books to stephane. This new book edited by Fernando Castillo de la Torre and Eric Gippini Fournier, gives a very interesting and practical overview of the rules of evidence and proof in EU competition law applied by the EU Courts as well as the rules circumscribing the judicial review that they carry out. Evidence is defined as an available body of facts or information indicating whether a belief or proposition is true or valid and being more of a suggestive nature and proof will be defined as arguments establishing a fact or the truth of a statement and being more of a concrete and conclusive nature. This overview is carried out focusing on a systematic analysis of the case law of the EU Courts which have delivered a vast amount of judgements on that subject.

How is evidence assessed in EU competition enforcement? This is the question that this important new book answers by offering the first systematic and comprehensive study on the topic. The aim of the book is twofold. Firstly, it sets down the foundations for a system of evidence in EU competition law enforcement by producing a typology of rules and principles to govern its evaluation. Secondly, it analyses the role of the applicable evidence standards. In so doing it illustrates how both the rules of evidence and enforcement have been underestimated.

This Quickguide summarises the procedure followed by the European Commission when investigating a suspected breach of EU competition law, the possible outcomes of an investigation, and key rights of defence which must be respected. However, EU law continues to apply with full force and effect in the UK during the Brexit Transition Period at the time of writing, scheduled to end on 31 December It does not consider the potential impact of Brexit on UK competition law post the Transition Period, as this will depend on the terms of the UK's future relationship with the EU, which were not clear at the time of writing. A core function of the European Commission in Brussels the Commission is to undertake investigations of alleged infringements of EU competition law. If an infringement is suspected and the necessary standard of proof is satisfied, it may gather evidence through formal or informal requests for information or through on-site searches of premises so-called "dawn raids".

Many scholars see the two leading antitrust regimes as completely different, explaining that US antitrust law prioritizes the protection of the competitive market process while EU law focuses on the consumer at the expense of dynamic competition. The intention here is to argue the exact opposite, to suggest that in reality the two systems are not so different and, moreover, that they are getting closer. Major Issues regarding Monopolization.

Это была мелочь, но все же изъян, отсутствие чистоты - не этого она ожидала от Танкадо, наносящего свой коронный удар. - Тут что-то не так, - наконец сказала .