The principle of examining all relevant circumstances and data is not new, but recent cases have illustrated a trend towards a more intense and detailed examination of context, which can weaken or strengthen the capability to restrict competition. The duty of examining all relevant circumstances has influenced judicial review of Commission decisions, as seen in cases such as Post Danmark II and Intel. The burden of proof falls on the Commission to examine every single relevant element and to assess the possible existence of a strategy aiming to exclude competitors. The Court of Justice stresses the importance of procedural guarantees applicable in competition law proceedings. The completeness paradigm tends to stress formalism, and the trend may be having a distinct impact on the very definition of an infringement. Legal certainty may suffer as everything may be relevant, while nothing appears to be dispositive. Recent case law is showing an increased willingness to deal with definitions in prior case law as simple factual premises of the decision-maker, which may be at odds with the need for legal certainty and defining in advance the prohibition.

Summarize the following paragraphs 8 Completeness and Context The Examination of All Relevant Facts Aspects and Data The principle that context and all the relevant circumstances must be examined is n

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