Summarize the following paragraphs 5 Do Standards Change when Assessment Is ‘Retrospective’ A recent topic of discussion is whether the substantive legal test or the standard of proof change if the co

The article discusses whether the substantive legal test or standard of proof changes when the assessment is retrospective. The General Court found that the Commission should consider all relevant factual developments, including those subsequent to the conclusion of the agreement, when demonstrating that an agreement has anti-competitive effects. However, the substantive legal test should not vary depending on when the analysis is carried out, and the anti-competitive nature of the conduct must be evaluated at the time when those acts were committed. The Court of Justice requires for the first time in Unilever what is called 'actual capacity' to restrict competition. The subsequent judgment in Google Android shows that the debate is not over, and the General Court considers that in certain circumstances a 'close examination of the actual effects or further analysis' is required before it can be concluded that the tying in question was harmful to competition.