Download This PaperPresumptions in EU Competition Law
24 Pages Posted: 14 Jul 2017 Last revised: 9 Nov 2017
Date Written: July 10, 2017
Abstract
A presumption is usually defined as using a known fact to infer another fact. However, presumptions could be defined more broadly, as including several types of logical leaps, shortcuts, automatisms, burden-shifting mechanisms and predispositions. Using more than 30 such "presumptions" as examples, this paper tries to:
(a) provide a description and a classification of presumptions in EU competition law;
(b) explore to what extent these presumptions are compatible with fundamental rights and general principles of EU law; and
(c) explain the rationales for presumptions in EU competition law.
Keywords: antitrust, antitrust law, competition, competition law, EU law, EU competition law, presumptions, burden of proof
JEL Classification: K21
Suggested Citation: Suggested Citation
Do you have a job opening that you would like to promote on SSRN?
