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Economic Evidence in EU Competition Law

Edited by: Mitja Kovac

ISBN13: 9781780682860
Published: March 2016
Publisher: Intersentia Publishers
Country of Publication: UK
Format: Paperback
Price: £94.00



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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 address 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.

Subjects:
Competition Law
Contents:
General Introduction

PART I. ECONOMIC METHODS IN COMPETITION LAW
Chapter 1. The More Economic Approach in European Competition Law: Is More Too Much or Not Enough?
Chapter 2. The Value of Training in Quantitative Methods for Judges
Chapter 3. Reliable Research Methods in Applied Econometrics for Competition Law

PART II. ECONOMIC EVIDENCES IN COMPETITION LAW
Chapter 4. Economic Evidence in Competition Law: The Experience from a National Administrative Court
Chapter 5. Competition Law and Behavioural Evidence in a Courtroom?
Chapter 6. Judges, Ex Ante Decisions, Evidence and Proof
Chapter 7. Law and Economics’ Evidence in Competition Law: Jurisprudence in Slovenia

PART III. INSIDER TRADING, CARTELS AND CRIMINALISATION
Chapter 8. An Analysis of the Criminalisation of Insider Trading at EU Level
Chapter 9. The Criminalisation of EU Competition Law
Chapter 10. Cartel Detection and Collusion Screening: an Empirical Analysis of the London Metal Exchange
Chapter 11. Damages Claims in the Spanish Sugar Cartel

PART IV. PRELIMINARY RULINGS AND STATE AID CONTROL
Chapter 12. State Aid Cases in National Courts and the European Commission
Chapter 13. Rescue and Restructuring of the State Aid
Chapter 14. EU Accession Process, Judicial Review and State Aid in Turkish Competition Law
Chapter 15. Google, Competition Policy and the Owl of Minerva
Chapter 16. The Interaction between EU Regulatory Implants and the Existing Croatian Legal Order in Competition Law
Chapter 17. Empiric Assessment of the Role of Economic Analysis in Russian Competition Law (p.
357)
Chapter 18. Challenges of Private Enforcement of Antitrust in Slovenia (p.
375)
Chapter 19. On the Need of EU Wide Best Practices in Competition Law Enforcement Proceedings (p.
429)