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Judicial review & burden of proof in unilateral practice cases: an overview of EU and national case law

The timing of this latest work in the impressive series of Concurrences projects could hardly have been more apt. [1] 2020 was a bumper year, in both EU and national courts, for judgments involving judicial review of enforcement decisions in unilateral cases. At the same time, however, of the most significant unilateral cases pending before the General Court, three – Intel (on renvoi), Google (shopping) and Google (Android) are, at the time of writing, still in délibéré, with judgments expected later this year or next. Lawyers, economists and, above all, businesses at risk of being regarded as dominant, especially in the digital sector, will be looking to the judgments in these cases, each of which has its distinctive facts, to clarify the analytical framework for determining whether, and

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Nicholas Forwood, Jérémie Jourdan, Cornelius Börner, Judicial review & burden of proof in unilateral practice cases: an overview of EU and national case law, 18 November 2021, e-Competitions Judicial Review & Unilateral Practice Research Program, Art. N° 102701

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