European Competition Law Annual 2009 de Claus-Dieter Ehlermann

European Competition Law Annual 2009: The Evaluation of Evidence and its Judicial Review in Competition Cases: European Competition Law Annual

Claus-Dieter Ehlermann

Mel Marquis

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 CoppiClaus-Dieter Ehlermann John Fingleton Ian Forrester Judge Nicholas Forwood Eric Gippini-Fournier Barry Hawk Alberto Heimler Per HellströmPieter KalbfleischRobert KwinterBruno LasserrePhilip LoweMel MarquisDamien NevenJudge Aindrias Ó CaoimhLuis Ortiz BlancoJohn RatliffJ. Thomas RoschHeike SchweitzerMario SiragusaJacques SteenbergenJames VenitJudge Nils WahlJudge Vaughn Walker

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Notă biografică

Claus-Dieter Ehlermann is Senior Counsel with Wilmer Cutler Pickering Hale & Dorr LLP in Brussels, former Professor of EC Law at the European University Institute in Florence, and former Director General in both the Competition Directorate and Legal Service of the European Commission. He has also served as Member and Chairman of the Appellate Body of the World Trade Organization.Mel Marquis is Part-time Professor of Law at the European University Institute and Professore a contratto at the University of Verona. He is a member of the editorial board of Mercato Concorrenza Regole. He has practised as an attorney in the United States and Belgium.

Cuprins

Introduction - Rules That Govern Rules: Evidence, Proof and Judicial Control in Competition Cases Mel MarquisIntroduction to the Workshop - Competition enforcement and judicial review in EuropePresentations Written contributionsBruno Lasserre, The European Competition System in Context: Matching Old Constitutional Principles andNew Policy Challenges Heike Schweitzer, The European Competition Law Enforcement System and the Evolution of Judicial Review Panel IThe European Commission: Standard of Proof, burden of proof and evaluation of evidence in antitrust and merger cases Panel IIThe 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 III 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 IIINational competition authorities: standard of proof, burden of proof and evaluation of evidence in antitrust and merger cases Written contributions to Panel IIII 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 LageEvidence 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 IVNational 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 IVI 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