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. In so doing, the book illustrates that evidence standards are not mere technicalities and their significance should not be underestimated. Rigorous and engaging, this work provides a much-needed analysis of a key question of EU competition enforcement.
Table Of Contents:
Summary of Contents
I. Evidence Matters in the Spotlight
II. A Simple Question, an Unclear Answer: What Standards Govern the Evaluation of Evidence?
III. Purpose, Approach and Scope
2. Evidence Standards in EU Competition Enforcement: Autonomous, But Not Independent
II. A Primer on Evidence Law and Theory
III. Evidence Standards and EU Competition Enforcement
3. The Burden of Proof in EU Competition Enforcement
II. The Concept of the Burden of Proof and its Significance
III. The Burden of Proof in Antitrust Cases
IV. The Burden of Proof in Merger Cases