Standard of proof in merger cases: reflections in the light of recent case law of the Community courts

Introduction:

"To begin, we will address the definition of standard of proof and standard of judicial review and then go straight into the Community judicature’s role in reviewing Commission merger decisions. The conclusion consists of personal reflections on the appropriate standard of proof in merger cases. We will not be looking at issues relating to types and treatment of evidence, eg internal documents of the parties, expert evidence etc., used in litigation before the Community courts."