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Author: Ioannis Lianos
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Competition authorities and litigants worldwide have increased the use of economic quantitative methods and economic expert witnesses as a means to produce and support evidence in merger and antitrust cases. The application of quantitative techniques to antitrust has arisen naturally from the need to answer the central questions of antitrust analysis, such as, market definition and market structure issues, analysis of pricing and non-pricing behaviour by firms, quantification of damages and efficiencies and dynamic issues of entry and product reallocation. The paper aims, on the one hand, to briefly describe the main aspects of the most commonly used quantitative techniques in antitrust analysis, and on the other hand, to quantify their use in EU merger and antitrust decisions from 2004 until 2011. Moreover, we also codify the Commission's opinion on the techniques utilized. The paper then explores the substantive law framework for the assessment and evaluation of this quantitative evidence in EU competition law by the European Commission and the Courts, in particular topics relating to the standard of proof and evidential cogency and the interaction between the different concepts of causation in law and econometrics, whereas Section 5 provides a unique empirical analysis of the probative value of different kinds of econometric evidence, by performing for the first time a quantitative analysis of the opinion of the European Commission for the particular techniques used and their average evidential weight.
Author: Ioannis Lianos
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Competition authorities and litigants worldwide have increased the use of economic quantitative methods and economic expert witnesses as a means to produce and support evidence in merger and antitrust cases. The application of quantitative techniques to antitrust has arisen naturally from the need to answer the central questions of antitrust analysis, such as, market definition and market structure issues, analysis of pricing and non-pricing behaviour by firms, quantification of damages and efficiencies and dynamic issues of entry and product reallocation. The paper aims, on the one hand, to briefly describe the main aspects of the most commonly used quantitative techniques in antitrust analysis, and on the other hand, to quantify their use in EU merger and antitrust decisions from 2004 until 2011. Moreover, we also codify the Commission's opinion on the techniques utilized. The paper then explores the substantive law framework for the assessment and evaluation of this quantitative evidence in EU competition law by the European Commission and the Courts, in particular topics relating to the standard of proof and evidential cogency and the interaction between the different concepts of causation in law and econometrics, whereas Section 5 provides a unique empirical analysis of the probative value of different kinds of econometric evidence, by performing for the first time a quantitative analysis of the opinion of the European Commission for the particular techniques used and their average evidential weight.
Author: Andriani Kalintiri
Publisher: Bloomsbury Publishing
ISBN: 1509919686
Category : Law
Languages : en
Pages : 280
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Book Description
What rules or principles govern the assessment of evidence in EU competition enforcement? This book offers, for the first time, a comprehensive academic study on the topic. Its aim is twofold. Firstly, it produces a typology of evidence standards in competition proceedings at the EU level, thereby systemising the guidance that is currently dispersed in the case-law of the EU Courts. Secondly, it examines the applicable evidence rules and principles with a view to better understanding their role in EU competition enforcement. In so doing, the book illustrates that evidence standards are not mere technicalities and their significance should not be underestimated. Rigorous and engaging, this work provides a much-needed analysis of a key question of EU competition enforcement.
Author: Mitja Kovač
Publisher:
ISBN: 9781780687407
Category : Antitrust law
Languages : en
Pages :
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Book Description
The use of economic theory and economic evidence in competition cases, their appropriate interpretation, meaning, impact, usefulness and validity are among the most challenging issues that judges and legal practitioners are facing in their daily decision-making. Notorious questions of, for example, how courts, practitioners and other decision-making bodies should employ economic evidence and what weight (and credibility) should be attached to such evidence where different experts offer different suggestions are among the most complex ones. This book, while addressing such questions, provides tools for judges, scholars and legal practitioners to employ economic evidence in a more effective, optimal and predictable way so as to overcome the identified, EU-wide obstacles in enforcing current EU competition law. This edited volume addresses the importance, implications, practices, problems and the role of economic evidence in EU competition law. It includes contributions on the use of the economic approach in the application and enforcement of EU competition law in different EU countries, candidate member states and third countries. The book features scholars who are experts in the field of competition law and economics as well as several of the most prominent European judges who provide first-hand information on the use of economic evidence in practice. The book is not limited to a particular subfield of competition law, but covers the area of competition law at large, including state aid. This reflects the fact that also the European Commission has gradually expanded the application of the economic approach to all areas of competition law. 'What role does economics play in cases of competition law? What role could it play? And what role should it play? But do scholarly experts and judges agree on these viewpoints? In this book an impressive variety of topics is covered and surprising insights are gained. Thus it really covers recent and partly controversial developments in the EU regarding the handling of competition law cases on a national as well as an EU level - something experts in the field must not miss. 'Wolfgang Weigel, Chair, The Joseph von Sonnenfels Center for the Study of Public Law and Economics and Department of Economics, University of Vienna' Economics is the study of scarcity. Law is the study of rights. Unfortunately, law and economics scholarship that is practical and focused on problems from the courtroom is scarce. This volume makes it right. It combines the legal experience of experts and judges in several European countries and the rigor of economics. The result is an indispensable tool for anyone interested in EU competition law. 'Shai Dothan, Associate Professor of International and Public Law, iCourts -the Centre of Excellence for International Courts, Faculty of Law, University of Copenhagen. 'The rapid growth and increasing importance of EU Competition Law have thrown up, in a context of decentralised interpretation and enforcement, questions of the extent to which economic theory and evidence should be employed by national authorities. This rich collection of essays provides diverse but also fascinating answers to those questions, ranging from the practical and pragmatic to the speculative and theoretical. It is all the more valuable because the authors are drawn from the judiciary as well as the academic world. Clearly the book is essential reading for all concerned with EU Competition Law. 'Anthony Ogus, Emeritus Professor of Law, Universities of Manchester and Rotterdam.
Author: Fernando Castillo de la Torre
Publisher: Edward Elgar Publishing
ISBN: 1839108681
Category : Law
Languages : en
Pages : 535
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Book Description
In this thoroughly revised new edition of what quickly became the authoritative work when first published in 2017, Fernando Castillo de la Torre and Eric Gippini Fournier, two of the most experienced litigators in EU competition law, update their systematic analysis of the case law of the EU Courts on the rules of evidence, proof and judicial review, as they are applied in EU competition law.
Author: Damien Geradin
Publisher: OUP Oxford
ISBN: 0191637491
Category : Law
Languages : en
Pages : 916
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Book Description
This is the first EU competition law treatise that fully integrates economic reasoning in its treatment of the decisional practice of the European Commission and the case-law of the European Court of Justice. Since the European Commission's move to a "more economic approach" to competition law reasoning and decisional practice, the use of economic argument in competition law cases has become a stricter requirement. Many national competition authorities are also increasingly moving away from a legalistic analysis of a firm's conduct to an effect-based analysis of such conduct, indeed most competition cases today involve teams composed of lawyers and industrial organisation economists. Competition law books tend to have either only cursory coverage of economics, have separate sections on economics, or indeed are far too technical in the level of economic understanding they assume. Ensuring a genuinely integrated approach to legal and economic analysis, this major new work is written by a team combining the widely recognised expertise of two competition law practitioners and a prominent economic consultant. The book contains economic reasoning throughout in accessible form, and, more pertinently for practitioners, examines economics in the light of how it is used and put to effect in the courts and decision-making institutions of the EU. A general introductory section sets EU competition law in its historical context. The second chapter goes on to explore the economics foundations of EU competition law. What follows then is an integrated treatment of each of the core substantive areas of EU competition law, including Article 101 TFEU, Article 102 TFEU, mergers, cartels and other horizontal agreements and vertical restraints.
Author: Ioannis Lianos
Publisher: Edward Elgar Publishing
ISBN: 1782546219
Category : Law
Languages : en
Pages : 648
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Book Description
This Handbook will be an indispensable reference work for practitioners and scholars, as well as for those in an enforcement environment.
Author: Fernando Castillo de la Torre
Publisher: Edward Elgar Publishing
ISBN: 1782548904
Category : Law
Languages : en
Pages : 426
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Book Description
Fernando Castillo de la Torre and Eric Gippini Fournier, two of the most experienced competition litigators at the European Commission, undertake an in-depth analysis of the case law of the EU Courts on the rules of evidence, proof and judicial review, as they are applied in EU competition law. These topics often engage with fundamental rights, and the book takes stock of the most frequent criticisms that are made of the EU enforcement system and review by EU Courts. The result is an extremely thorough and well-structured review of the relevant rules of law and of the precedents. The authors combine valuable insights and critical analysis to construct a definitive yet balanced portrayal of the state of EU competition law.
Author: Roger van den Bergh
Publisher: Intersentia nv
ISBN: 9050951619
Category : Antitrust law
Languages : en
Pages : 617
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Book Description
The aim of this book is to explore the economic fundamentals of European competition law.
Author: Parcu, Pier L.
Publisher: Edward Elgar Publishing
ISBN: 1800370199
Category : Law
Languages : en
Pages : 320
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Book Description
This insightful book assesses emerging trends in the role of economic analysis in EU competition policy, exploring how it has substantially increased in terms of both theories and methods.
Author: Mitja Kovač
Publisher:
ISBN: 9781780682860
Category : Antitrust law
Languages : en
Pages : 0
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Book Description
This edited volume addresses the importance, implications, practices, problems and the role of economic evidence in EU competition law. It includes contributions on the use of the economic approach in the application and enforcement of EU competition law in different EU countries, candidate member states and third countries.
