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.




CONTENTS



Extended contents



Foreword to the First Edition



Acknowledgements



Table of cases



Table of legislation



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



Index