Evidence Proof And Judicial Review In Eu Competition Law
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Author | : Fernando Castillo de la Torre |
Publisher | : Edward Elgar Publishing |
Total Pages | : 535 |
Release | : 2024-03-14 |
Genre | : Law |
ISBN | : 1839108681 |
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.
Author | : Fernando Castillo de la Torre |
Publisher | : Edward Elgar Publishing |
Total Pages | : 426 |
Release | : 2017-03-31 |
Genre | : Law |
ISBN | : 1782548904 |
Fernando Castillo de la Torre and Eric Gippini Fournier, two of the most experienced competition litigators at the European Commission, undertake an in-depth 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. These topics often engage with fundamental rights, and the book takes stock of the most frequent criticisms that are made of the EU enforcement system and review by EU Courts. The result is an extremely thorough and well-structured review of the relevant rules of law and of the precedents. The authors combine valuable insights and critical analysis to construct a definitive yet balanced portrayal of the state of EU competition law.
Author | : Andriani Kalintiri |
Publisher | : Bloomsbury Publishing |
Total Pages | : 287 |
Release | : 2019-02-07 |
Genre | : Law |
ISBN | : 1509919678 |
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.
Author | : Claus-Dieter Ehlermann |
Publisher | : Hart Publishing |
Total Pages | : 886 |
Release | : 2011-07-13 |
Genre | : Law |
ISBN | : 9781849460736 |
Every year, top-level market regulators, academics and legal practitioners attend the Annual Competition Workshop organised at the European University Institute in Florence. The speakers are invited to discuss a particular set of critical issues in the field of competition law and policy. The entire content of the proceedings - both the oral discussions and the written contributions - are published in the European Competition Law Annual series. This is the fourteenth in the series, reproducing the debate which in 2009 examined the evaluation of evidence and its judicial review in competition cases. The issues discussed included, among others, the burden of proof, the standard of proof and the standard of review with respect to antitrust infringement decisions and merger decisions, both at the level of the EU and at the national level in a number of Member States. In 2009, the Workshop participants were: Rafael Allendesalazar Kelyn Bacon Judge Gerald Barling Simon Bishop Judge Joachim Bornkamm Judge Michael Boudin Jochen Burrichter Dennis Carlton Fernando Castillo de la Torre Justin Coombs Lorenzo Coppi Claus-Dieter Ehlermann John Fingleton Ian Forrester Judge Nicholas Forwood Eric Gippini-Fournier Barry Hawk Alberto Heimler Per Hellström Pieter Kalbfleisch Robert Kwinter Bruno Lasserre Philip Lowe Mel Marquis Damien Neven Judge Aindrias Ó Caoimh Luis Ortiz Blanco John Ratliff J. Thomas Rosch Heike Schweitzer Mario Siragusa Jacques Steenbergen James Venit Judge Nils Wahl Judge Vaughn Walker
Author | : Cristina Teleki |
Publisher | : BRILL |
Total Pages | : 392 |
Release | : 2021-05-17 |
Genre | : Business & Economics |
ISBN | : 9004447490 |
In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.
Author | : Oda Essens |
Publisher | : Europa Law Publishing |
Total Pages | : 328 |
Release | : 2009 |
Genre | : Law |
ISBN | : 9789089520012 |
From a comparative perspective, this book deals with the question of the impact of European law, especially the Tetra Laval case-law, on the standard of review applied by national courts in the area of competition law and economic regulation. The book is a follow-up to the conference on 'Judicial review in competition law and economic regulation, ' held by the Europa Institute at Utrecht on May 23-24, 2008. It contains contributions by academics and practitioners from EU Member States and from European institutions. The book analyzes the differences and the similarities between the crucial concepts related to judicial review and the way judicial review functions in practice in different EU Member States. It examines the question as to whether a more common approach towards judicial review is needed, and if so, how this can be achieved
Author | : Mitja Kovač |
Publisher | : |
Total Pages | : 0 |
Release | : 2016 |
Genre | : Antitrust law |
ISBN | : 9781780682860 |
This edited volume addresses the importance, implications, practices, problems and the role of economic evidence in EU competition law. It includes contributions on the use of the economic approach in the application and enforcement of EU competition law in different EU countries, candidate member states and third countries.
Author | : Mel Marquis |
Publisher | : |
Total Pages | : 793 |
Release | : 2011 |
Genre | : |
ISBN | : |
Author | : Pablo Ibáñez Colomo |
Publisher | : Cambridge University Press |
Total Pages | : 389 |
Release | : 2018-07-12 |
Genre | : Law |
ISBN | : 1108661858 |
Based on a unique and comprehensive database, The Shaping of EU Competition Law combines qualitative and quantitative approaches to shed light on the evolution of EU competition law. It brings a new perspective to some of the most topical issues in the field including due process and the intensity of judicial review. The author's main purpose is to examine how the institutional structure influences the substance of EU competition law provisions. He seeks to identify patterns in the behaviour of the European Commission and the EU Courts and how they interact with each other. In particular, his analysis considers how the European Commission reacts to the case law and whether, and in what instances, the EU courts defer to the analysis of the administrative authority. The analysis is supported by the database and an unprecedented array of statistics and figures free to view online.
Author | : Mel Marquis |
Publisher | : Edward Elgar Publishing |
Total Pages | : 327 |
Release | : 2015-02-27 |
Genre | : Law |
ISBN | : 1783478861 |
With courts and arbitrators functioning daily as front line decision-makers applying EU competition law, this book reflects on a variety of issues related to the litigation and arbitration of cases in this field. It provides expert analysis from perspe