Explainer 19 – The Burden of Proof in Competition Law
Dec 2, 2020 ·
16m 32s
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Description
The House Committee on the Judiciary recently released a report on the state of competition in the digital marketplace. The report, which was the result of a 16-month-long investigation, describes...
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The House Committee on the Judiciary recently released a report on the state of competition in the digital marketplace. The report, which was the result of a 16-month-long investigation, describes itself as "an attack on how America has approached antitrust for the past 40 years."
One of the recommendations in the report involves shifting the evidentiary burden of proof from the plaintiff to the defendant, particularly in civil mergers challenges, which would entail a significant change to antitrust law.
In this episode, Ashley Baker lays out the current burden of proof framework used in U.S. courts in competition law cases, the role of presumptions in antitrust litigation, and the potential implications of the burden shift proposed in the report.
Featuring:
- Ashley Baker, Director of Public Policy, Committee for Justice
Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.
show less
One of the recommendations in the report involves shifting the evidentiary burden of proof from the plaintiff to the defendant, particularly in civil mergers challenges, which would entail a significant change to antitrust law.
In this episode, Ashley Baker lays out the current burden of proof framework used in U.S. courts in competition law cases, the role of presumptions in antitrust litigation, and the potential implications of the burden shift proposed in the report.
Featuring:
- Ashley Baker, Director of Public Policy, Committee for Justice
Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.
Information
Author | The Federalist Society |
Organization | The Federalist Society |
Website | - |
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