Hardback
Evidence, Proof and Judicial Review in EU Competition Law
Second Edition
2nd edition
9781839108679 Edward Elgar Publishing
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.
More Information
Critical Acclaim
Contents
More Information
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.
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.
Critical Acclaim
‘This book is an impressive tour de force on evidence law applied in the context of EU competition law litigation. It will certainly be a valuable resource for academics and practitioners interested in competition law enforcement. The book also includes high-level academic discussions of several complex issues that may attract the attention of those interested in a more theoretical analysis of the specificities of legal proof in an area at the intersection of law and economics, as well as increasingly technology studies.’
– Ioannis Lianos, World Competition - Law and Economics Review
‘The new work by Fernando Castillo de la Torre and Eric Gippini Fournier represents a significant contribution to the development of European competition law in general and of its relevant doctrine in particular. It complements similar works that highlight other crucial components of the European antitrust system, such as: the European Union Court of First Instance, the preliminary ruling procedure provided by art. 267 TFEU6 and private litigation. Additionally, this work seamlessly fits into the category of essential tools currently used by antitrust specialists in Europe, alongside previously published works on free competition protection, mergers and state aid.
Although it may not be sufficient on its own for preparing a flawless administrative decision or an impeccable court judgment, this work stands out as the best guide to European Procedural Competition Law ever published.’
– Nathaniel Cornoiu, Romanian Competition Journal
‘In this second edition of Fernando Castillo de la Torre''s and Eric Gippini Fournier''s highly acclaimed work, the reader may find everything they always wanted to know about the assessment of evidence in competition law proceedings by competition authorities and courts. This is an excellent work combining practical insights with an in-depth theoretical analysis of EU evidence law, in an area in constant evolution and of crucial importance for competition law enforcement. A must read.’
– Ioannis Llianos, University College London, UK
‘This second edition of Evidence, Proof and Judicial Review in EU Competition Law by Fernando Castillo de la Torre and Eric Gippini Fournier is an extraordinary book and a great contribution to the literature. It is both historical and modern. It is both descriptive and approached with a critical mind. It surfaces the most critical current debates. It is uniquely comprehensive, clear, and nuanced, and is eminently usable by practitioners and also by policy makers who want to grapple with the difficult evolving issues. While couched as a procedural treatise, it has great insights into the substantive law of anticompetitive agreements and abuses of dominance and the subtle lines between law, facts, and economic assessment.’
– Eleanor Fox, New York University School of Law, US
‘This book is an intellectual tour de force: I am tempted to call it an essential facility; anyone with an interest in the practical implementation of EU competition law will find it indispensable. The combination of theoretical analysis with deep practical knowledge is superb.’
– Richard Whish, King''s College London, UK
‘Written by two of the most experienced litigators before the EU Courts, this book is a must read for every EU competition law practitioner.’
– Jean-François Bellis, Van Bael & Bellis, Belgium
Acclaim for the first edition
‘The authors are two highly experienced litigators of the Commission’s Legal Service, each having acted in hundreds of cases before the Court of Justice and the General Court. They explicitly take a legal approach, focusing on how the legal framework deals with the relationship between evidence and proof on the one hand, and the substance and procedure of EU competition law on the other. The resulting case law based approach is highly valuable for legal practitioners as well as academics…’
– Common Market Law Review
‘. . . a one-of-a-kind contribution to the competition law literature and, truly, a must-read not only for litigators, but for any competition lawyer.’
– Chillin’Competition Blog
‘. . . an up to date, concise, rigorous and thorough analysis of the case law of EU courts on evidence, proof and judicial review that will be invaluable to practitioners of competition law (judges, officials and practising lawyers alike) and a source of inspiration for further theoretical work for competition law academics.’
– World Competition Law and Economics Review
– Ioannis Lianos, World Competition - Law and Economics Review
‘The new work by Fernando Castillo de la Torre and Eric Gippini Fournier represents a significant contribution to the development of European competition law in general and of its relevant doctrine in particular. It complements similar works that highlight other crucial components of the European antitrust system, such as: the European Union Court of First Instance, the preliminary ruling procedure provided by art. 267 TFEU6 and private litigation. Additionally, this work seamlessly fits into the category of essential tools currently used by antitrust specialists in Europe, alongside previously published works on free competition protection, mergers and state aid.
Although it may not be sufficient on its own for preparing a flawless administrative decision or an impeccable court judgment, this work stands out as the best guide to European Procedural Competition Law ever published.’
– Nathaniel Cornoiu, Romanian Competition Journal
‘In this second edition of Fernando Castillo de la Torre''s and Eric Gippini Fournier''s highly acclaimed work, the reader may find everything they always wanted to know about the assessment of evidence in competition law proceedings by competition authorities and courts. This is an excellent work combining practical insights with an in-depth theoretical analysis of EU evidence law, in an area in constant evolution and of crucial importance for competition law enforcement. A must read.’
– Ioannis Llianos, University College London, UK
‘This second edition of Evidence, Proof and Judicial Review in EU Competition Law by Fernando Castillo de la Torre and Eric Gippini Fournier is an extraordinary book and a great contribution to the literature. It is both historical and modern. It is both descriptive and approached with a critical mind. It surfaces the most critical current debates. It is uniquely comprehensive, clear, and nuanced, and is eminently usable by practitioners and also by policy makers who want to grapple with the difficult evolving issues. While couched as a procedural treatise, it has great insights into the substantive law of anticompetitive agreements and abuses of dominance and the subtle lines between law, facts, and economic assessment.’
– Eleanor Fox, New York University School of Law, US
‘This book is an intellectual tour de force: I am tempted to call it an essential facility; anyone with an interest in the practical implementation of EU competition law will find it indispensable. The combination of theoretical analysis with deep practical knowledge is superb.’
– Richard Whish, King''s College London, UK
‘Written by two of the most experienced litigators before the EU Courts, this book is a must read for every EU competition law practitioner.’
– Jean-François Bellis, Van Bael & Bellis, Belgium
Acclaim for the first edition
‘The authors are two highly experienced litigators of the Commission’s Legal Service, each having acted in hundreds of cases before the Court of Justice and the General Court. They explicitly take a legal approach, focusing on how the legal framework deals with the relationship between evidence and proof on the one hand, and the substance and procedure of EU competition law on the other. The resulting case law based approach is highly valuable for legal practitioners as well as academics…’
– Common Market Law Review
‘. . . a one-of-a-kind contribution to the competition law literature and, truly, a must-read not only for litigators, but for any competition lawyer.’
– Chillin’Competition Blog
‘. . . an up to date, concise, rigorous and thorough analysis of the case law of EU courts on evidence, proof and judicial review that will be invaluable to practitioners of competition law (judges, officials and practising lawyers alike) and a source of inspiration for further theoretical work for competition law academics.’
– World Competition Law and Economics Review
Contents
Contents:
Foreword to the First Edition
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
Foreword to the First Edition
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
