Evidence Standards in EU Competition Enforcement: The EU Approach

Author:   Andriani Kalintiri
Publisher:   Bloomsbury Publishing PLC
ISBN:  

9781509919666


Pages:   280
Publication Date:   07 February 2019
Format:   Hardback
Availability:   In Print   Availability explained
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Evidence Standards in EU Competition Enforcement: The EU Approach


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Overview

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.

Full Product Details

Author:   Andriani Kalintiri
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Weight:   0.556kg
ISBN:  

9781509919666


ISBN 10:   150991966
Pages:   280
Publication Date:   07 February 2019
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table 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

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

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