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Evidence Standards in EU Competition Enforcement: The EU Approach (Hart Studies in Competition Law)

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en Limba Engleză Paperback – 24 Sep 2020
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.
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Specificații

ISBN-13: 9781509945283
ISBN-10: 1509945288
Pagini: 280
Dimensiuni: 156 x 234 mm
Greutate: 0.4 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Hart Studies in Competition Law

Locul publicării: London, United Kingdom

Caracteristici

Offers the first systematic and comprehensive study of rules of evidence and enforcement in EU competition law

Notă biografică

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

Cuprins

Summary of Contents1. 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

Recenzii

Overall, this is a good, readable book which, due to its coverage, its focus and the approach adopted by the author, is going to make a significant contribution to this debate, both among academics and practitioners.
All these intricacies and the various red lines throughout the book are drawn together in a series of reflections that show not only the amount of knowledge amassed in this book, but also the ability to take a step back and indeed observe competition law enforcement with feelings of bewilderment, awe, and interest. Anyone interested in the workings of competition law in practice as well as on the more abstract level should read this book and contemplate the knowledge and reflections found therein.
This is a very welcome addition to the prestigious Hart studies series on competition law. Both from a public and an academic perspective, the study addresses timely questions related to the most recent EU anti-trust fines and merger prohibitions. With the help of a systematic, far-ranging and detailed narrative of EU case law, Kalintiri develops a comprehensive typology for how evidence standards matter in EU competition proceedings.