Posted by Social Science Research Network
By Cyril Ritter (DG Comp)
Abstract: A presumption is usually defined as using a known fact to infer another fact. However, presumptions could be defined more broadly, as including several types of logical leaps, shortcuts, automatisms, burden-shifting mechanisms and predispositions. Using more than 30 such “presumptions” as examples, this paper tries to:
(a) provide a description and a classification of presumptions in EU competition law;
(b) explore to what extent these presumptions are compatible with fundamental rights and general principles of EU law; and
(c) explain the rationales for presumptions in EU competition law.