Presumptions in EU Competition Law

Abstract

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.

Keywords: antitrust, antitrust law, competition, competition law, EU law, EU competition law, presumptions, burden of proof

JEL Classification: K21