European Competition Law
Auteur : Louis Vogel
Sommaire de l’ouvrage
General Introduction
Part 1: Introduction
Part 2: Restrictive agreements and abuse of dominant position
Title 1: Introduction
Title 2: Jurisdiction
Title 3: Initiation of Commission proceedings
Title 4: Preliminary investigations
Title 5: Administrative procedure
Section 1: General principles
A: Principle
B: Reversal of presumption/Proof of effective control
C: Presumption of control
II: Reorganization of the undertaking
Chapter 2: Interim measures
Chapter 3: Cease and desist orders
Chapter 4: Fines
Chapter 5: Publication of the decision
Chapter 6: Statute of limitations
Chapter 7: Periodic penalty payment
Title 7: Remedies
Title 8: Civil sanctions
Part 4: Mergers
Part 5: State aid
253. Procedural issues
1 minute de lecture
The presumption cannot be implemented where the Commission has not previously mentioned the possibility in the Statement of Objections. In effect, in such cases the parent company has not been given the opportunity to properly ensure its defense on that point . Similarly, the Commission cannot, without giving reasons, reject evidence brought by the parent company to rebut the presumption where the …