Luca Prete is a référendaire in the chambers of Advocate General Emiliou at the European Court of Justice, on secondment from the European Commission’s Legal Service, and Guest Professor at the Vrije Universiteit Brussel. Prior to this, he was an associate in the Brussels office of Skadden Arps. Mr Prete is an Italian qualified lawyer and Guest Professor at the Vrije Universiteit Brussel. Mr Prete holds a Law degree from the University of Bologna, a LLM from the College of Europe in Bruges, and was awarded a PhD by the Vrije Universitetit Brussel.
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Since antiquity, the fundamental principle regarding the burden of proof is that it is for the person alleging a claim to prove the facts on which that claim is based, and not for the party that opposes it to disprove it. Consistent with that principle – as well as with the principle of the presumption of innocence – in most jurisdictions it is for the competition authority (or, in case of private enforcement, for the private claimant) to prove the anticompetitive nature of a given conduct. However, it may be interesting to note that, in a number of jurisdictions, the appropriateness of the ‘traditional’ rules and principles on the burden of proof in certain situations has recently been discussed, not only in academic fora, but also at the level of policy-makers. In some of those jurisdictions, in fact, legislation has been proposed or enacted with a view to reverse the burden of proof in certain circumstances. In those cases, it will be for the company concerned to prove that its conduct is not anti-competitive, rather than for the enforcer to prove the infringement of the relevant competition rule(s). This contribution will provide readers with an overview of some of the most interesting recent developments in this field – primarily, those which took place after the publication of the last Foreword to e-Competitions Special Issue on Burden of proof in competition law – and direct them to the writings in which each subject was treated in more detail.
"Italian guarantee scheme for ship-finance: Commission signals thorough review of guarantee schemes"* Introduction On 6 April 2005 the European Commission, after an in-depth investigation, adopted a decision declaring that an aid scheme designed to cover the risk of loans for the (...)