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Vol 24 No 8 Aug/Sept 2019

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Evidence Standards in EU Competition Enforcement: The EU Approach


ISBN13: 9781509919666
Published: February 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00



In stock.

Also available as
£58.50
+ £11.70 VAT

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
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

The EU's Antitrust Alternative ISBN 9781509910670
To be published August 2020
Hart Publishing
£55.00
The Legality of Bailouts and Buy Nationals: International Trade Law in a Crisis ISBN 9781509935130
To be published January 2020
Hart Publishing
£30.00
The Role of Competitors in the Enforcement of State Aid Law ISBN 9781509931330
Published August 2019
Hart Publishing
£30.00
Private Power, Online Information Flows and EU Law: Mind the Gap ISBN 9781509928811
Published April 2019
Hart Publishing
£25.00
The More Economic Approach to EU Antitrust Law ISBN 9781509927951
Published April 2019
Hart Publishing
£35.00
£58.50 + £11.70 VAT
(ePub)
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£63.00 + £12.60 VAT
(ePub)
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£58.50 + £11.70 VAT
(ePub)
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£58.48 + £11.70 VAT
(ePub)
Buy
The Legality of Bailout and Buy Nationals: International Trade Law in a Crisis ISBN 9781509908240
Published September 2017
Hart Publishing
£64.99
The Role of Competitors in the Enforcement of State Aid Law ISBN 9781509906598
Published April 2017
Hart Publishing
£65.00
£27.00 + £5.40 VAT
(ePub)
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Private Power, Online Information Flows and EU Law: Mind the Gap (eBook) ISBN 9781509900657
Published October 2016
Hart Publishing
£22.50 + £4.50 VAT
(ePub)
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Private Power, Online Information Flows and EU Law: Mind the Gap ISBN 9781509900633
Published October 2016
Hart Publishing
£55.00
The More Economic Approach to EU Antitrust Law ISBN 9781849466967
Published September 2016
Hart Publishing
£75.00
Sanctions in EU Competition Law: Principles and Practice ISBN 9781509907038
Published July 2016
Hart Publishing
£37.99
Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781509907069
Published July 2016
Hart Publishing
£25.99
£81.00 + £16.20 VAT
(ePub)
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£81.00 + £16.20 VAT
(ePub)
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Anti-Cartel Enforcement in a Contemporary Age: The Leniency Religion ISBN 9781849466905
Published September 2015
Hart Publishing
£90.00
The Concept of Abuse in EU Competition Law: Law and Economic Approaches ISBN 9781849469722
Published June 2015
Hart Publishing
£27.99
Public Procurement and the EU Competition Rules 2nd ed ISBN 9781849466127
Published May 2015
Hart Publishing
£110.00
£99.00 + £19.80 VAT
(ePub)
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£28.78 + £5.76 VAT
(ePub)
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Sanctions in EU Competition Law: Principles and Practice (eBook) ISBN 9781782253822
Published April 2014
Hart Publishing
£34.18 + £6.84 VAT
(ePub)
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Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781849465151
Published April 2014
Hart Publishing
£60.00
Sanctions in EU Competition Law: Principles and Practice ISBN 9781849465182
Published April 2014
Hart Publishing
£90.00
Fairness in Antitrust: Protecting the Strong from the Weak (eBook) ISBN 9781782254027
Published April 2014
Hart Publishing
£23.38 + £4.68 VAT
(ePub)
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European Merger Remedies: Law and Policy ISBN 9781849464116
Published December 2013
Hart Publishing
£100.00
Competition Laws, Globalisation and Legal Pluralism: China's Experience ISBN 9781849464321
Published November 2013
Hart Publishing
£70.00
Competition Laws, Globalisation and Legal Pluralism: China's Experience (eBook) ISBN 9781782252207
Published November 2013
Hart Publishing
£63.00 + £12.60 VAT
(ePub)
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Joint Ventures and EU Competition Law ISBN 9781841137933
Published November 2013
Hart Publishing
£140.00
Joint Ventures and EU Competition Law (eBook) ISBN 9781782253471
Published November 2013
Hart Publishing
£126.00 + £25.20 VAT
(ePub)
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Cross-Border EU Competition Law Actions (eBook) ISBN 9781782251606
Published June 2013
Hart Publishing
£85.50 + £17.10 VAT
(ePub)
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Cross-Border EU Competition Law Actions ISBN 9781849463744
Published June 2013
Hart Publishing
£95.00
Private Enforcement of Competition Law in Ireland (eBook) ISBN 9781782251231
Published April 2013
Hart Publishing
£81.00 + £16.20 VAT
(ePub)
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Private Enforcement of Competition Law in Ireland ISBN 9781849464130
Published April 2013
Hart Publishing
£90.00
State Aid and the European Economic Constitution (eBook) ISBN 9781782250517
Published December 2012
Hart Publishing
£58.50 + £11.70 VAT
(ePub)
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State Aid and the European Economic Constitution ISBN 9781849461054
Published December 2012
Hart Publishing
£65.00
£90.00 + £18.00 VAT
(ePub)
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Shaping Private Antitrust Enforcement in Europe ISBN 9781849468039

Hart Publishing
Publication Abandoned