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Presumptions in EU Competition Law

Cyril Ritter, Journal of Antitrust Enforcement, December 2017

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A presumption is usually defined as using a known fact to infer another fact. However, presumptions could be defined more broadly, as including several types of logical leaps, shortcuts, automatisms, burden-shifting mechanisms and predispositions. Using more than 30 such ""presumptions"" as examples, this paper tries to:

(a) provide a description and a classification of presumptions in EU competition law;

(b) explore to what extent these presumptions are compatible with fundamental rights and general principles of EU law; and

(c) explain the rationales for presumptions in EU competition law.

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