Standard of Proof and Scope of Judicial Review in EC Merger Cases PDF Download
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Author: Luca Prete
Publisher:
ISBN:
Category :
Languages : en
Pages : 18
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Book Description
Annotation of the ECJ judgment in Case C-12/03 P, Commission v Tetra Laval.
Author: Luca Prete
Publisher:
ISBN:
Category :
Languages : en
Pages : 18
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Book Description
Annotation of the ECJ judgment in Case C-12/03 P, Commission v Tetra Laval.
Author: Claus-Dieter Ehlermann
Publisher: Hart Publishing
ISBN: 9781849460736
Category : Law
Languages : en
Pages : 886
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Book Description
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: George Cumming
Publisher: Kluwer Law International B.V.
ISBN: 904114286X
Category : Law
Languages : en
Pages : 464
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Book Description
Article 340 TFEU, which provides a method of compensation for victims of the Commission’s errors, is invoked as the basis for actions against Commission decisions under the Merger Control Regulation. Accordingly, the rules of procedure of the Community Courts come into play. This probing analysis asks the important questions: What limits can be imposed on the discretion of the Community Courts acting within their own rules of procedure? Is the manner in which the Court of Justice interprets those rules sufficient? Focusing on the crucial Court responsibilities of investigating facts and assessing economic damage in relation to the type of non-contractual liability apparent in antitrust cases, the author convincingly demonstrates that the scope for ‘case management’ by the Courts is strictly limited, and may engender information or evidentiary deficits that contravene ECHR Art 6.1 as well as the principles of effective judicial protection and rectitude of decision. A claim for compensation pursuant to Art 340 TFEU may be struck merely because the basic elements of the cause of action cannot be established to a minimal level.
Author: Jan Szczodrowski
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This article analyses the way in which standard of judicial review of the European Commission's (EC) decisions concerning oligopolistic markets was exercised by EU judiciary. In the recent years we could observe an increasing role played by the GC and the ECJ in shaping the legal framework in which mergers are assessed. In fact, the EU judiciary has not only extended the previously narrow scope of the original merger regulation but it has also contributed significantly towards increasing the legal certainty by elaborating a reliable set of legal criteria for the assessment of oligopolistic markets, which also reflected the economic theory. The EU judiciary has also very often acted as a 'filter' to the novel theories introduced in the EC decisions. All of the aforementioned developments would not be possible without the high standard of judicial review exercised by EU courts and 'special judicial techniques' used by them.
Author: Andriani Kalintiri
Publisher: Bloomsbury Publishing
ISBN: 1509919686
Category : Law
Languages : en
Pages : 280
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Book Description
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: Ilene Knable Gotts
Publisher:
ISBN: 9781804490952
Category : Conglomerate corporations
Languages : en
Pages : 0
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Book Description
Author: Alistair Lindsay
Publisher: Sweet & Maxwell
ISBN: 041404844X
Category : Law
Languages : en
Pages : 849
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Book Description
This is the 4th edition of The EC Merger Regulation - a detailed guide to the method of merger control in the European Union. Fully revised for 2012, this comprehensive text describes how the European Commission determines approval of a notified merger, thereby providing information and techniques to complete merger deals successfully for companies operating in the European Union
Author: Pablo Ibáñez Colomo
Publisher: Cambridge University Press
ISBN: 1108429424
Category : Law
Languages : en
Pages : 389
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Book Description
A ground breaking study of how the interaction between the European Commission and the EU Courts has shaped EU competition law.
Author: Jaime Arancibia
Publisher: Oxford University Press
ISBN: 0199609071
Category : Law
Languages : en
Pages : 253
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Book Description
English courts have traditionally held a policy of judicial restraint towards regulatory decisions in the commercial context. This book provides a critical view of the courts' deferential attitude and advocates a more intensive form of judicial review which is more satisfactory in terms of individual justice.Addressing the issue in three parts, the orthodox common law position on judicial review is first set out, demonstrating the deferential approach of the courts and highlighting the limited scope of review in a commercial context. The regulator's expertise and institutional autonomy, and the demands of administrative efficiency, all contribute to preventing the courts from interfering with the development of regulatory policies.The book then moves on to consider how current policy appears to be inconsistent with the relevant values of English public law which protect individuals from capricious and arbitrary executive action - particularly the right of the applicant to obtain an independent assessment of the validity of the impugned decision by a court which acts as ultimate arbiter of law.Setting out an alternative model based on European human rights law, the book contends close supervision is necessary over decisions which alter or determine the operation of markets in order to reach a level of judicial control that is consistent with the requirements of fairness and reasonableness in this area and with proper respect for the rights of the parties involved. This alternative approach finds its roots in the principle of proportionality, which entails a greater judicialattenuation of administrative autonomy in order to ensure that actions do not go beyond what it is strictly necessary to achieve the desired outcome.
Author: Fernando Castillo de la Torre
Publisher: Edward Elgar Publishing
ISBN: 1839108681
Category : Law
Languages : en
Pages : 535
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Book Description
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.
