Thursday, November 26, 2020

Towards a Higher Standard of Proof and a More Interventionist Judicial Review in Antitrust Cases Involving Complex (Economic) Assessments Following CK Telecoms?


  • Standard of proof and standard of review are hot topics again in the EU competition law sphere.

  • While the Commission is required to prove antitrust infringements `to the requisite legal standard', uncertainty remains as to what this standard exactly is.

  • In the wake of the recent CK Telecoms judgment, which has clarified and tightened the standard of proof borne by the Commission in merger cases and testifies to the GeneralCourt's willingness to increase its scrutiny of Commission merger decisions (at least in relation to so-called `gap' cases), this article advocates for more clarity and a higher standard of proof and standard of review in antitrust, and in particular Article 102, cases.

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