Session 2. Rethinking the Standard of Proof in competition law: myth or reality?
Feb 26, 2025 | 11:00 AM - 12:15 PM
Feb 26, 2025 | 11:00 AM - 12:15 PM
Description
The standard of proof is a core concept of competition law; it is the degree to which enforcers must prove their case to succeed in establishing the existence of a competition infringement or an anti-competitive merger. The evidentiary standard defines the quantity and quality of evidence the party must provide to meet the standard of proof required to find a violation or prohibit a merger. Yet, gathering the required evidence is no easy task.
With the increasing complexity of establishing antitrust infringements, has the evidentiary standard been set too high? Could it be making it excessively difficult for competition authorities to prove their cases or block mergers? What about in assessments where concepts such as economic moats and entrenchment are involved? Should the standard of proof or the burden of proof be adjusted in the future?
