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Evidence Standards in EU Competition Enforcement: The EU Approach (eBook)


ISBN13: 9781509919673
Published: February 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £33.29
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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.

Subjects:
Competition Law, eBooks
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

Series: Hart Studies in Competition Law

Competition Law and Economic Inequality ISBN 9781509959273
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Competition Law and Economic Inequality ISBN 9781509959235
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Experimentalist Competition Law and the Regulation of Markets ISBN 9781509945504
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Conceptualising Procedural Fairness in EU Competition Law ISBN 9781509944583
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Access and Cartel Cases: Ensuring Effective Competition Law Enforcement ISBN 9781509942480
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Experimentalist Competition Law and the Regulation of Markets ISBN 9781509910670
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Experimentalist Competition Law and the Regulation of Markets (eBook) ISBN 9781509910663
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Evidence Standards in EU Competition Enforcement: The EU Approach ISBN 9781509945283
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Conceptualising Procedural Fairness in EU Competition Law (eBook) ISBN 9781509935420
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Conceptualising Procedural Fairness in EU Competition Law ISBN 9781509935413
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The Role of Competitors in the Enforcement of State Aid Law ISBN 9781509931330
Published August 2019
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Private Power, Online Information Flows and EU Law: Mind the Gap ISBN 9781509928811
Published April 2019
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£28.99
The More Economic Approach to EU Antitrust Law ISBN 9781509927951
Published April 2019
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Evidence Standards in EU Competition Enforcement: The EU Approach ISBN 9781509919666
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The Legality of Bailout and Buy Nationals: International Trade Law in a Crisis ISBN 9781509908240
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The Role of Competitors in the Enforcement of State Aid Law ISBN 9781509906598
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Private Power, Online Information Flows and EU Law: Mind the Gap ISBN 9781509900633
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Private Power, Online Information Flows and EU Law: Mind the Gap (eBook) ISBN 9781509900657
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The More Economic Approach to EU Antitrust Law ISBN 9781849466967
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Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781509907069
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Sanctions in EU Competition Law: Principles and Practice ISBN 9781509907038
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Anti-Cartel Enforcement in a Contemporary Age: The Leniency Religion ISBN 9781849466905
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The Concept of Abuse in EU Competition Law: Law and Economic Approaches ISBN 9781849469722
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Public Procurement and the EU Competition Rules 2nd ed ISBN 9781849466127
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Fairness in Antitrust: Protecting the Strong from the Weak (eBook) ISBN 9781782254027
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Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781849465151
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Sanctions in EU Competition Law: Principles and Practice ISBN 9781849465182
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Competition Laws, Globalisation and Legal Pluralism: China's Experience ISBN 9781849464321
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Joint Ventures and EU Competition Law ISBN 9781841137933
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Private Enforcement of Competition Law in Ireland ISBN 9781849464130
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Private Enforcement of Competition Law in Ireland (eBook) ISBN 9781782251231
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State Aid and the European Economic Constitution (eBook) ISBN 9781782250517
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Shaping Private Antitrust Enforcement in Europe ISBN 9781849468039

Hart Publishing
Publication Abandoned