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Evidence, Proof and Judicial Review in EU Competition Law 2nd Edition

Evidence, Proof and Judicial Review in EU Competition Law 2nd Edition

Author: Fernando Castillo de la Torre; Eric Gippini Fournier
Publisher: Edward Elgar Publishing
ISBN: 9781839108679

Previous Edition ISBN: 9781782548898
Published In: March 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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In this thoroughly revised new edition of what quickly became the authoritative work when first published in 2017, Fernando Castillo de la Torre and Eric Gippini Fournier, two of the most experienced litigators in EU competition law, update their systematic 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.

Fairness in the public enforcement of EU competition law is closely scrutinised and therefore maintaining robust rules on the presentation of evidence, and on the burden and standard of proof is paramount, so much the more in the context of digital markets. Also critical to the EU’s commitment to fundamental rights is sound procedure and the right to judicial review. All of these are carefully reviewed in this book from the perspective of those who have been closest to the cases, with the result that the authors construct a definitive yet balanced portrayal of the state of EU competition law.

Key Features include:

Insight from two of the leading voices in the field
Thoroughly updated case law, demonstrating the current thinking on enforcement
New material on proof of each constituent element of the infringement
New material on abuse of a dominant position in the light of recent focus of case law on that area, and
Clear and accessible structure designed specifically for legal practitioners

This book continues to be an essential resource for competition litigators and for all practitioners specialising in EU competition law.

Foreword to the First Edition

Introduction to Evidence, Proof and Judicial Review in EU Competition Law

The assessment of evidence, burden and standard of proof

Evidence and proof in specific areas: single and continuous infringement, duration, defences and fines

Probative value of the different evidentiary means

Procedure and evidence in court

Scope and intensity of judicial review