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European Competition Law Annual 2009

The Evaluation of Evidence and its Judicial Review in Competition Cases

Editor(s): Claus-Dieter Ehlermann, Mel Marquis
Media of European Competition Law Annual 2009
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Published: 13-07-2011
Format: Hardback
Edition: 1st
Extent: 886
ISBN: 9781849460736
Imprint: Hart Publishing
Series: European Competition Law Annual
Dimensions: 234 x 156 mm
RRP : £180.00
 

: 14 -21 days

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Loren Epson

About European Competition Law Annual 2009

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

Table Of Contents

Introduction – Rules That Govern Rules: Evidence, Proof and Judicial Control in Competition Cases
Mel Marquis
Introduction to the Workshop – Competition enforcement and judicial review in Europe
Presentations
Written contributions
Bruno Lasserre, The European Competition System in Context: Matching Old Constitutional Principles and
New Policy Challenges
Heike Schweitzer, The European Competition Law Enforcement System and the Evolution of Judicial Review
Panel I
The European Commission: Standard of Proof, burden of proof and evaluation of evidence in antitrust and merger cases
Panel II
The European Courts: Standard of proof, burden of proof, standards of review and evaluation of evidence antitrust and merger cases
Written contributions to Panels I and II
I Per Hellström, A Uniform Standard of Proof in EU Competition Proceedings
II Philip Lowe, Taking Sound Decisions on the Basis of Available Evidence
III Luis Ortiz Blanco, Standards of Proof and Personal Conviction in EU Antitrust and Merger Control Procedures
IV James Venit, Human All Too Human: The Gathering and Assessment of Evidence and the Appropriate Standard of Proof and Judicial Review in Commission Enforcement Proceedings Applying Articles 81 and 82
V Nicholas Forwood, The Commission's "More Economic Approach" – Implications for the Role of the EU Courts, the Treatment of Economic Evidence and the Scope of Judicial Review
VI Aindrias Ó Caoimh, Standard of Proof, Burden of Proof, Standards of Review and Evaluation of Evidence in Antitrust and Merger Cases: Perspective of Court of Justice of the European Union
VII Nils Wahl, Standard of Review – Comprehensive or Limited?
VIII Eric Gippini-Fournier, The Elusive Standard of Proof in EU Competition Cases
IX Fernando Castillo de la Torre, Evidence, Proof and Judicial Review in Cartel Cases
X Ian Forrester, A Bush in Need of Pruning: the Luxuriant Growth of "Light Judicial Review"
XI John Ratliff, Judicial Review in EC competition cases before the European Courts: Avoiding double renvoi
XII Justin Coombs and Jorge Padilla, The Use of Economic Evidence before the Courts of the European Union
Panel III
National competition authorities: standard of proof, burden of proof and evaluation of evidence in antitrust and merger cases
Written contributions to Panel III
I Alberto Heimler, The Legal Significance of Economic Evidence in Antitrust Cases: Some Comments Based on the Italian Experience
II Pieter Kalbfleisch, Standard of Proof, Burden of Proof and Evaluation of Evidence in Antitrust and Merger Cases: A Perspective of the Netherlands Competition Authority
III Jacques Steenbergen, Rules of Evidence in Competition Cases: An NCA Perspective
IV J. Thomas Rosch, Observations on Evidentiary Issues in Antitrust Cases
V Rafael Allendesalazar and Paloma Martínez Lage
Evidence Gathered through Leniency: From the Prisoner's Dilemma to a Race to the Bottom
VI Mario Siragusa, Antitrust and Merger Cases in Italy: Standard of Proof, Burden of Proof and Evaluation of Evidence
VII James Rill and Jaimee Lederman, Evidence in Judicial Review of U.S. Federal Trade Commission and U.S. Department of Justice Merger Cases
VIII Dennis Carlton, How Should Economic Evidence be Presented and Evaluated?
Panel IV
National courts in major jurisdictions: Standard of proof, burden of proof, standards of review and evaluation of evidence in antitrust and merger cases
Written contributions to Panel IV
I Vaughn Walker, Evidence in Competition Cases: An American Trial Judge's Perspective
II Michael Boudin, Evidence and the Formulation of U.S. Antitrust Law
III Kelyn Bacon, Standard of Proof, Standards of Review and Evaluation of Evidence in UK Antitrust and Merger Cases
IV Jochen Burrichter and Hans Logemann, Evaluation of Evidence in National Courts: Reflections from the German Perspective
V Calvin Goldman, Robert Kwinter, Navin Joneja and Chad Leddy, A Canadian Perspective on the Evaluation of Evidence in Antitrust and Merger Cases in the Context of Recent Changes to Canada's Competition Law
VI Barry Hawk and James Keyte, Separating the Wheat from the Chaff: How the U.S. Courts Analyze Antitrust Evidence

Reviews

“The quality of the papers is high because not only are the writers amongst the best in the world, but also because the audience expected includes many of the best commentators in the competition world. Long may the series continue under its new editors! The series has been most influential.” –  Valentine Korah, World Competition Law and Economics Review

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