Economic Evidence in 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.
Mitja Kovac, Ann-Sophie Vandenberghe
European Studies in Law and Economics (EDLE)
book | published | 1st edition
February 2016 | xxiv + 436 pp.


ISBN 9781780682860

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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 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

Table of Contents

Table of Contents (p. 0)

General Introduction (p. 1)

Mitja Kovac, Ann-Sophie Vandenberghe


Chapter 1. The More Economic Approach in European Competition Law: Is More Too Much or Not Enough? (p. 11)

Chapter 2. The Value of Training in Quantitative Methods for Judges (p. 43)

Chapter 3. Reliable Research Methods in Applied Econometrics for Competition Law (p. 51)


Chapter 4. Economic Evidence in Competition Law: The Experience from a National Administrative Court (p. 85)

Chapter 5. Competition Law and Behavioural Evidence in a Courtroom? (p. 103)

Chapter 6. Judges, Ex Ante Decisions, Evidence and Proof (p. 127)

Chapter 7. Law and Economics’ Evidence in Competition Law: Jurisprudence in Slovenia (p. 135)


Chapter 8. An Analysis of the Criminalisation of Insider Trading at EU Level (p. 147)

Chapter 9. The Criminalisation of EU Competition Law (p. 177)

Chapter 10. Cartel Detection and Collusion Screening: an Empirical Analysis of the London Metal Exchange (p. 203)

Chapter 11. Damages Claims in the Spanish Sugar Cartel (p. 213)


Chapter 12. State Aid Cases in National Courts and the European Commission (p. 237)

Chapter 13. Rescue and Restructuring of the State Aid (p. 249)

Chapter 14. EU Accession Process, Judicial Review and State Aid in Turkish Competition Law (p. 271)


Chapter 15. Google, Competition Policy and the Owl of Minerva (p. 293)

Chapter 16. The Interaction between EU Regulatory Implants and the Existing Croatian Legal Order in Competition Law (p. 327)

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)

Index (p. 433)

Open access content

Parts of this book have been made open access. We make chapters open access because they are particularly topical, or provide a useful introduction to the subject. They may be available for a limited time or indefinitely. Some books are entirely and permanently open access.

Table of Contents (p. 0)
Index (p. 433)

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European Studies in Law and Economics (EDLE)

The series European Studies in Law and Economics is devoted to further the understanding of Law and Economics in Europe. The volumes published in this series present an interdisciplinary perspective on the effects of laws on people’s behaviour and on the economic system. The ample topics address a wide audience, including policy makers, legislators, economists, lawyers and judges. The series is peer-reviewed.

The series is an initiative of the PhD programme ‘European Doctorate in Law and Economics’ (EDLE). The EDLE is the academic response to the increasing importance of the economic analysis of law in Europe. The programme is offered by the Universities of Bologna, Hamburg and Rotterdam in association with the Indira Gandhi Institute of Development Research, Mumbai (India). PhD students receive the unique opportunity to study law and economics in three different countries. The programme prepares economists and lawyers of high promise for an academic career in a research field of growing importance or for responsible positions in government, research organisations and international consulting firms.

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The editorial board of the series consists of Prof. Dr. Michael G. Faure (Erasmus University Rotterdam), Prof. Dr. Luigi A. Franzoni (University of Bologna) and Prof. Dr. Stefan Voigt (University of Hamburg).

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