Without stating that it would be the most important, or even most interesting, topic touched upon by the Draft Remedies Notice, this article will focus on the burden of proof for the effectiveness of remedies proposed by the merging parties.

Whilst the Court of First Instance of the European Communities (“CFIâ€Â) had held the Commission accountable for a lack of attention to detail in a number of circumstances, in the European Court of Justice’s (“ECJâ€Â) decision of...