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Market Definition in EU Competition Law

Miguel S. Ferro

The maintenance of a fair, competitive market among member states is critical to the functioning of the EU economy. In this book, the first comprehensive, unifying view of market definition, Miguel Ferro adeptly explores the different economic-legal issues that arise in EU competition law.
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Chapter 10: Proof and evidence

Miguel S. Ferro

Extract

This chapter analyses the burden and standard of proof for market definition in EU competition law, first at the theoretical level, and then in terms of its reality as expressed in the Court’s approach to individual cases. The different types of evidence which are discussed to delineate markets are described, including how the Court has assessed and weighed them. It presents the case-law, which has clarified that there is no binding legal value to market definition precedents, but it argues that there are situations in which precedents do have legal effects in other cases. Finally, the Court’s case-law on the obligation of the Commission to duly reason its decision concerning market definition is discussed. It is shown that there is a large gap between theory and practice, and significant heterogeneity between individual cases.

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