Evidence Standards in EU Competition Enforcement

The EU Approach
Erscheinungsjahr 2019
ISBN: 978-1-5099-1966-6
Verlag: Bloomsbury Publishing PLC

Buch, Englisch, 280 Seiten, Hardback, Format (B × H): 161 mm x 241 mm, Gewicht: 556 g

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.

Autoren/Hrsg.

Kalintiri, Andriani

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäisches Handels-, Wirtschafts- und Gesellschaftsrecht, Währungsrecht

Inhaltsverzeichnis

Summary of Contents
1. Introduction
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

IV. Structure

2. Evidence Standards in EU Competition Enforcement: Autonomous, But Not Independent

I. Introduction

II. A Primer on Evidence Law and Theory

III. Evidence Standards and EU Competition Enforcement

IV. Conclusion

3. The Burden of Proof in EU Competition Enforcement

I. Introduction

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

V. Conclusion

4. The Standard of Proof in EU Competition Enforcement

I. Introduction

II. The Concept of the Standard of Proof and its Significance

III. The Main Reasons for the Ambivalence Over the Applicable Standard of Proof

IV. The Regulation of the Standard of Proof in Antitrust and Merger Cases

V. The Discharge of the Standard of Proof in EU Competition Enforcement
VI. Conclusion

5. Principles and Problems of Evidence Admissibility and Evaluation

I. Introduction

II. Principles Governing Evidence Admissibility and Evaluation in EU Competition Enforcement
III. Potential Shortcomings in the EU Courts' Approach to Evidence Admissibility

IV. Potential Shortcomings in the EU Courts' Approach to Evidence Evaluation

V. Conclusion

6. Presumptions in EU Competition Enforcement

I. Introduction

II. The Concept and Significance of Presumptions

III. Distinguishing Presumptions from Similar Devices in EU Competition Enforcement
IV. The Main Presumptions in EU Competition Enforcement

V. The Implications of the Presumptions Used in EU Competition Enforcement
VI. Conclusion

7. Evidence Standards and Standards of Judicial Review

I. Introduction

II. Standards of Judicial Review and Fairness Concerns

III. The Interplay between Evidence Standards and Standards of Judicial Review

IV. Conclusion

8. Reflections

I. Introduction

II. Some Connotations for the Enforcement System's Risk Proclivity

III. The Implications for Fairness

IV. The Connotations for the Application of the Substantive Rules

V. The Connotations for the EU Institutions

VI. The Implications for National Procedural Autonomy

VII. Conclusion

Über Autor(innen)

Kalintiri, Andriani
Andriani Kalintiri is a Lecturer in Law at City,
University of London.