Presumptions in competition law

The presumption is a complex, equivocal and plural mechanism that serves various purposes. In order to present presumptions in competition law, a tripartite classification has been adopted; it highlights the close relationship between the purpose of the presumption and its force. Some presumptions serve a purely evidential purpose; they are necessarily rebuttable. Others, which facilitate the characterisation of the unlawful act and thus encourage the imposition of a penalty, have a repressive purpose; they are generally mixed. As for those which, by deeming certain conditions to have been met or certain facts to have been established, aim to reinforce legal certainty, they must necessarily be irrebuttable in order to achieve their objectives. This study will show, among other things, that the difficulties relating to the notion of anti-competitive object can only be resolved once the role to be played by the presumption of anti-competitive effects has been determined.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. The mechanism of presumption has existed for a long time. According to Domat, "[l]presumptions are the consequences that one draws from a known fact, to serve to make known an unknown fact" [1]. As Cornu explains, "presumption rests, at its base, on a displacement of the fact to be proved. Indirect proof, it is characterized by a change of direction in the search for proof" [2]. From the known fact, one deduces the unknown fact. The reasoning is based on a very strong probability, as the adage praesumptio sumitur de eo quod plerumque fit ("presumption is drawn from what happens most often") reminds us [3]. The mechanism of fiction, on the other hand,

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Anne-Sophie Choné-Grimaldi, Presumptions in competition law, November 2022, Concurrences N° 4-2022, Art. N° 109146, www.concurrences.com

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