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Evidence Standards in EU Competition Enforcement: The EU Approach

Evidence Standards in EU Competition Enforcement: The EU Approach

Author: Andriani Kalintiri
Publisher: Hart Publishing
ISBN: 9781509919666

Published In: February 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509945283

List Price: HKD 1,170.00

HKD 1,134.90 Save HKD 35.10 (3%)

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Description
Contents

Details

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. Rigorous, analytical and engaging, this is a much needed examination of this key question in competition law proceedings.

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

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