Monday, January 14, 2013
Article 102 TFEU: How to Claim the Application of Objective Justifications in the Case of prima facie Dominance Abuses?
Posted by D. Daniel Sokol
ABSTRACT: In principle, the case law allows dominant firms to escape the application of the prohibition expressed in Article 102 TFEU by claiming the application of objective justifications. In that context, daunting questions are what must be established to obtain the application of the justification - and how. This paper focuses on the second question and analyses the allocation of the burden of proof between the applicant and the defendant as well as the applicable standard of proof.