Evidence, Proof and Judicial Review in EU Competition Law - Second Edition
CASTILLO DE LA TORRE Fernando , GIPPINI FOURNIER Eric
Product details
- Categories: Nouveautés droit, Competition Law
- Publisher: EDWARD ELGAR PUBLISHING
- ISBN: 9781839108679
- Publication Date: 08/03/2024
- Binding: Paperback
- Number of pages: 526
- Language: English
Summary
In this thoroughly revised new edition of what quickly became the
authoritative work when first published in 2017, Fernando Castillo de la
Torre and Eric Gippini Fournier, two of the most experienced litigators
in EU competition law, update their systematic analysis of the case law
of the EU Courts on the rules of evidence, proof and judicial review,
as they are applied in EU competition law.
Fairness in the
public enforcement of EU competition law is closely scrutinised and
therefore maintaining robust rules on the presentation of evidence, and
on the burden and standard of proof is paramount, so much the more in
the context of digital markets. Also critical to the EU’s commitment to
fundamental rights is sound procedure and the right to judicial review.
All of these are carefully reviewed in this book from the perspective of
those who have been closest to the cases, with the result that the
authors construct a definitive yet balanced portrayal of the state of EU
competition law.
Key Features include:
• Insight from two of the leading voices in the field
• Thoroughly updated case law, demonstrating the current thinking on enforcement
• New material on proof of each constituent element of the infringement
• New material on abuse of a dominant position in the light of recent focus of case law on that area.
• Clear and accessible structure designed specifically for legal practitioners
This book continues to be an essential resource for competition
litigators and for all practitioners specialising in EU competition law.
Table of contents
Contents:
Foreword to the First Edition
1 Introduction to Evidence, Proof and Judicial Review in EU Competition Law
2 The assessment of evidence, burden and standard of proof
3 Evidence and proof in specific areas: single and continuous infringement, duration, defences and fines
4 Probative value of the different evidentiary means
5 Procedure and evidence in court
6 Scope and intensity of judicial review