Relaxing whilst doing Competition Law is not an Oxymoron

Archive for December 28th, 2009

Dissertation Summaries (4) – LLM in IP and Competition Law 2009-2010

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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.

Written by Nicolas Petit

28 December 2009 at 11:23 am

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