1. Introduction Legal disputes are, obviously, as old as civilization and an inevitable element of any society. Procedural mechanisms to settle them are thus essential since, without such mechanisms, society would be subject to the law of the jungle: the fittest would always prevail. Even in fictional societies – whether nearly perfect, like Thomas More’s Utopia, or dystopian, like George Orwell’s 1984 – there are lawyers, tribunals and judicial proceedings to settle disputes between citizens. It is self-evident that no judicial proceedings could function without clear rules on burden of proof: simply put, who has to prove what. The party upon which the burden is placed must thus bear the risk that the relevant facts remain unresolved or the allegations unproven. [1] Since antiquity,
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Burden of proof in competition law: An overview of EU and national case law
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