Sense and Nonsense of Rules on Proof in Cartel Cases: How to Reconcile a More Economics-Based Approach to Competition Law With More Attention for Rules on Proof?

"What is meant by proof? There are several aspects that are relevant.

First is the subjective and active element, better expressed by “to prove” (in other languages, the words for “prove” and “proof ” are the same). A party undertaking an action to prove has as its goal “to convince” (persuasion), proving and convincing being inextricably related. Is there proof enough to convict? Has the infringement been proven?

The second dimension is the objective element, wherein proof refers to the object or support that bears the proof (production). From this perspective, the term “proof ” is substitutable with the term “evidence”: for example, a document of some kind or a witness statement."