Maria João Melícias writes article for World Competition - Law and Economics Review on the need for EU courts to clarify the requirements for evidence in cartel cases

Maria João Melícias, a senior associate in PLMJ’s European law and competition practice, has written an article on the need for European Union courts to clarify the evidence requirement in cartel cases, taking into account the different legal traditions of Member States, in terms of rules of evidence and implications for a differentiated approach to the problem across the EU. The article was published in the September issue of the World Competition - Law and Economics Review, one of the world's most prestigious publications in the area of law and competition policy. The article considers that the principle of the presumption of innocence, which is fundamental a right common to those Member States, provides a satisfactory solution, considering the evidentiary safeguards it offers, whether in the light of the case law of the EU, or the case law of the European Court of Human Rights.

 

The article is published in World Competition - Law and Economics Review 35, no. 3 (2012): 471-510, Kluwer Law International: http://www.kluwerlawonline.com/toc.php?pubcode=WOCO