Archive for December 28th, 2009
The Standard of Proof under Articles 101/102 TFUE – Which lessons to learn from Merger Proceedings? – Benjamin Disteche
Over the past years, the case-law delivered in the field of merger control, in particular following Airtours, Schneider and Tetra Laval, has little by little increased the standard of proof in EC Merger Regulation. By contrast, under the impetus of the Court of Justice, the evidentiary thresholds which the Commission must meet under articles 101 and 102 of the TFEU have seemed to progressively decline. Whilst there has been little debate on this issue, the purpose of this dissertation is to verify whether the emerging discrepancy between the ECMR and Articles 101/102 TFEU is appropriate or, in the alternative, should be eliminated.