Fernando Castillo de la Torre: Evidence & Judicial Review in EU Competition Law | DMA Legal Aspects

(All views are personal) Fernando Castillo de la Torre, Principal Legal Adviser/Director - Legal Service (Competition and Mergers) of the European Commission. Co-author of one of the most impactful book in the area of adjudication in EU competition law 'Evidence, Proof and Judicial Review in EU Competition Law' (Edward Elgar, 2nd edition, 2024) https://www.e-elgar.com/shop/gbp/evid...

In this 90 min conversation we have addressed various issues on the role of evidence in judicial review in EU competition law and various other themes including:
✔ The role of European Commission Legal Service
✔ Daily functioning of the Legal Service; the ways of its internal and external communication
✔ Proportion, dynamic and importance of competition cases in the overall constellation of EU law
✔ Motivation of the book, its objectives, structure and methods
✔ The influence of national law on shaping EU law (with concrete examples and very interesting factual observations by the author)
✔ How diverse legal cultures and traditions of EU Member States are in relation to the role of evidence (again with very colourful examples)
✔ Annulments of Commission's decisions: trends and their explanation
✔ The role of fundamental rights in (re-)shaping EU (competition) law
✔ Limited review for complex economic assessments: the rationale, practice, trends
✔ Could some form of the limited review be attributed to the DMA? By legislation? By case-law?
✔ The role of Legal Service in shaping the DMA legislation
✔ The role of Legal Service in shaping the DMA enforcement
✔ Is it even possible to design a genuinely discretionary regime for the Commission?
✔ Anti-circumvention provision of Art 13 DMA: applied aspects
✔ How many black swans are waiting for us in terms of limiting Commission’s discretion in enforcing the DMA?
✔ Recommendations for students & other issues

NB: Our previous 64th episode released last Tuesday featured Prof. Jens-Uwe Franck (University of Mannheim): The DMA & Ant-Circumvention Provisions | § 19a of the German Competition Act: 🎬    • Jens-Uwe Franck: The DMA & Ant-Circum...  

Our next 66th episode will be released next week, featuring Filomena Chirico Head of Unit - Digital Markets - DG Connect discussing the latest development of the DMA.
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The Digital Markets Research Hub is an independent academic initiative aiming at scrutinising the functioning of competition/regulation in digital markets. We host one-to-one interviews with leading policymakers, regulators and practitioners. We also organise online mini-workshops inviting high-profile experts and academics in various fields of digital competition law & policy to discuss the most vibrant issues of the ongoing regulatory reforms in digital markets. While having our clear normative stand on the matters discussed within the hub, we value different views and invite relevant stakeholders and thinkers representing the whole spectrum of reasonable positions on how to regulate competition in digital markets. All our materials are available at YouTube channel, which you are very welcome to subscribe to. The interview is organised & conducted by Prof. Oles Andriychuk, Newcastle Law School, UK