The wood begun to move: an essay on consumer welfare, evidence and burden of proof in article 82 cases

Description/Abstract

Responds to a European Commission discussion paper on the application of the EC Treaty Art.82 to exclusionary abuses, focusing on who should bear the burden of proof that the conduct of a dominant undertaking affects the welfare of consumers. Reviews the policy objectives of Art.82, national law on prima facie evidence and the reversal of the burden of proof, EC case law on predatory pricing and objective justification, and the right to fair trial under the European Convention on Human Rights 1950 Art.6.