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Standards of Proof and Standards of Judicial Review in EC Merger Law Roundtable - Chapter 8 - International Antitrust Law & Policy: Fordham Corporate Law 2005
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International Antitrust Law & Policy: Fordham Corporate Law 2005 - Hardcover International Antitrust Law & Policy: Fordham Corporate Law 2005 - PDF ___________________________________________________________________________________ Preview Page Chapter 8
STANDARDS OF PROOF AND
STANDARDS OF JUDICIAL REVIEW IN
EC COMPETITION LAW ROUNDTABLE
Presider Tony Reeves Clifford Chance, Brussels
Presenter Hubert Legal Judge, Court of First Instance of the
European Commission, Luxembourg
Panelists Theofanis Christoforou Legal Service, European
Commission, Brussels
Richard M. Steuer Mayer, Brown, Rowe & Maw,
New York
MR. REEVES: Good afternoon and welcome back from lunch. My
name is Tony Reeves and I am replacing Simon Baxter, who unfortunately
was unable to be here today for personal reasons. It is my privilege to
stand into the breach today.
The issue that we will be debating this afternoon in the first session is
that of standards of proof and standards of judicial review in EC
competition law.
It is self-evident that well-defined standards of proof and standards
of judicial review are beneficial both to the European Commission and also
to the parties involved in antitrust proceedings. However, there remains
some uncertainty as to the meaning and scope of these terms in EC
competition law.
The issues of standard of proof and judicial review were thrown into
the spotlight in the area of merger control as a result of the numerous
recent decisions by the Court of First Instance annulling a number of
Commission merger decisions. The issues of standard of proof and
judicial review have also been the impetus to the internal reforms that the
Commission has implemented to improve its decision making practice in
the merger area.
These issues also raise important institutional questions in relation to
the balance and relationship among the European Commission, the Court
of First Instance, and the European Court of Justice.
About the Editor:
Barry Hawk is Director of the Fordham Corporate Law Institute and Partner with Skadden Arps (New York and Brussels). He is former Vice Chair of the ABA Antitrust Section and former Chair of the New York State Bar Association Antitrust Section, as well as Professor at Fordham Law School and Visiting Professor at Michigan Law School, Monash University Law School, New York University Law School and the University of Paris.
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