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The standard and burden of proof in competition law cases
The increasing need in certain jurisdictions to engage in a “more economic” or an “effects-based” approach to establish competition law violations have raised the question of whether the standard of proof and the related evidentiary standard are set to a level which make it excessively difficult for competition authorities to prove their cases. But what has led to this widespread perception? Is there something that could or should be done? While this paper does not seek to provide definitive answers or recommend specific actions, it does provide an overview of the current policy landscape and an analysis of the evidentiary elements for decision makers . This paper also presents a practical perspective of the standard and burden of proof that could be useful for competition authorities in building their cases.
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