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Reported
Inferential circumstantial evidence cannot establish a per se cartel without proven primary facts and proper characterisation.
Competition law – Cartels and collusive tendering – Role and limits of inferential reasoning and circumstantial evidence in per se prohibitions; Characterisation – necessity of assessing horizontal versus vertical relationships before finding a s 4(1)(b) contravention; Burden of proof – Commission must prove primary facts and exclude plausible alternatives; Economic evidence – importance of expert analysis when relying on pricing patterns.
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