Evidence, Proof and Judicial Review in Cartel Cases
Fernando Castillo de la Torre
Source abstract
This paper examines different issues relating to evidence, proof and judicial review, having certain recent criticisms in mind. It examines how judges approach certain types of evidence and submits that standards of proof in competition law have in practice been set very high. Judicial review has also been thorough from the beginning, and issues that are presented as issue of fact may hide simply differences about the law. It is also submitted that criticisms of the institutional system based on its alleged incompatibility with fundamental rights do not appear to find a robust basis in the existing case law of the European Court of Human Rights.
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