Summarize the following paragraphs 6 Benefit of the Doubt in ‘By Effect’ Cases EU Courts have become more explicit about the application of the benefit of the doubt in the analysis of the capability o
EU courts have clarified the application of the benefit of the doubt in cases where the capability of conduct to produce effects is analysed. This has been seen in recent case law where there are observable facts about the evolution of competitors or parameters of competition that are consistent with a finding of effects, and the issue is whether such evolutions can be attributed to the conduct. The Intel RENV judgment applied a "reasonable doubt" test. The General Court rejected the decision's assessment of Dell's contestable share, and in the Google Android judgment, the General Court applied the benefit of the doubt when it annulled the Commission's findings on portfolio-based Revenue Share Agreements. In Unilever, the Court of Justice ruled that the existence of doubt must benefit the undertaking which engages in such a practice. However, the demands of the General Court may go beyond what is reasonable in some cases, particularly when the evidential dispute concerns estimates, economic hypotheses, and assumptions. The EU judicature must establish whether the evidence put forward is factually accurate, reliable, and consistent and must also determine whether that evidence contains all the relevant data that must be taken into consideration in appraising a complex situation and whether it is capable of substantiating the conclusions drawn from it.
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