Print page

Evidence, Proof and Judicial Review in EU Competition Law

Fernando Castillo de la Torre and Eric Gippini Fournier, Legal Service, European Commission, Belgium
Fernando Castillo de la Torre and Eric Gippini Fournier, two of the most experienced competition litigators at the European Commission, undertake an in-depth analysis of the case law of the EU Courts on the rules of evidence, proof and judicial review, as they are applied in EU competition law. These topics often engage with fundamental rights, and the book takes stock of the most frequent criticisms that are made of the EU enforcement system and review by EU Courts. The result is an extremely thorough and well-structured review of the relevant rules of law and of the precedents. The authors combine valuable insights and critical analysis to construct a definitive yet balanced portrayal of the state of EU competition law.
Extent: 416 pp
Hardback Price: $200.00 Web: $180.00
Publication Date: 2017
ISBN: 978 1 78254 889 8
Availability: In Stock
$0.00

Buy the E-book

Join our mailing list

  • Law - Academic
  • Competition and Antitrust Law
  • Law - Professional
  • Competition and Antitrust Law
Fernando Castillo de la Torre and Eric Gippini Fournier, two of the most experienced competition litigators at the European Commission, undertake an in-depth analysis of the case law of the EU Courts on the rules of evidence, proof and judicial review, as they are applied in EU competition law. These topics often engage with fundamental rights, and the book takes stock of the most frequent criticisms that are made of the EU enforcement system and review by EU Courts. The result is an extremely thorough and well-structured review of the relevant rules of law and of the precedents. The authors combine valuable insights and critical analysis to construct a definitive yet balanced portrayal of the state of EU competition law.

Key features include:

• unique insights from two of the most experienced litigators in EU competition law

• the only comprehensive resource on the subject, all relevant legislation and a wealth of case law

• a clear structure designed specifically for legal practitioners, with detailed tables of contents and targeted access to the relevant provisions

• exhaustive examination of case law, including close theoretical analysis and detailed description of precedents with an eye to their practical application.

This book will be an essential resource for all legal practitioners specialising in EU competition law. It will also appeal to lawyers involved in litigating and enforcing antitrust and competition law at the national level, in EU Member States or other jurisdictions where rules of evidence and judicial review are inspired by the EU system.
‘I warmly recommend this work to all those who are interested in the practical and procedural aspects of competition law and practice at EU level, whether they are judges, practitioners, academics, or indeed students. In my view, the authors have succeeded in producing an authoritative guide to the rules that govern evidence, proof and judicial review in EU competition law and I congratulate them on that considerable achievement.’
– Koen Lenaerts, President of the Court of Justice of the European Union, from the Foreword

‘Fernando Castillo de la Torre and Eric Gippini Fournier have produced what I certainly one of the most interesting competition law books on the market. . . In sum, this is a one-of-a-kind contribution to the competition law literature and, truly, a must-read not only for litigators, but for any competition lawyer.’
– Chillin'Competition Blog

‘This book is long awaited, first, because of the theoretical and practical importance of the topic it examines and, second, because its authors are two experienced members of the Commission’s legal service that are also well-known in academic circles for the quality of their scholarship and their contribution to the literature in competition law. This concise and well-written volume compiles the wisdom of some decades of jurisprudence of the EU courts on the topics of judicial review, standard and burden of proof, rules concerning the admissibility and assessment of evidence, issues regarding the probative value of the different evidentiary means, and the various procedural dimensions of evidence law in less than 400 pages, which is in itself a major intellectual achievement. . . In conclusion, the volume provides an up to date, concise, rigorous and thorough analysis of the case law of EU courts on evidence, proof and judicial review that will be invaluable to practitioners of competition law (judges, officials and practising lawyers alike) and a source of inspiration for further theoretical work for competition law academics.’
– World Competition Law and Economics Review

Contents: 1. Introduction 2. Burden and Standard of Proof 3. Evidence and Proof in Specific Areas: Single and Continuous Infringement, Duration, Defences and Fines 4. Probative Value of the Different Evidentiary Means 5. Procedure and Evidence in Court 6. Scope of Judicial Review Index