Chapter

Defences

Renato Nazzini

in The Foundations of European Union Competition Law

Published in print December 2011 | ISBN: 9780199226153
Published online January 2012 | e-ISBN: 9780191730856 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199226153.003.0009

Series: Oxford Studies in European Law

Defences

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This chapter starts by examining the burden of proof and the standard of anti-competitive effects. The burden of proof and the standard of anti-competitive effects determine the boundaries between what must be proved by a competition authority or claimant to establish a prima facie case and the point at which defences become relevant. Next, proportionality defences are discussed, with a focus on the meeting of competition defence. The chapter goes on to examine the proportionality framework of the objective justification defence, distinguishing between the efficiency defence and the social welfare defence. Finally, conclusions are drawn.

Keywords: burden of proof; anticompetitive effects; proportionality defences; competition defence; objective justification defence; efficiency defence; social welfare defence

Chapter.  22008 words. 

Subjects: EU Law

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