Courts as Economic Experts in European Merger Law

International Antitrust Law and Policy (B. Hawk ed., Fordham Corporate Law Institute, 2004)

20 Pages Posted: 18 Jul 2013

See all articles by David J. Gerber

David J. Gerber

Chicago-Kent College of Law - Illinois Institute of Technology

Date Written: 2004

Abstract

The relationship between law and economics in European competition law has always been important, but it has received increasing attention during recent years. Much of this attention has focused on doctrinal aspects of the relationship and on the European Commission’s use of economic analysis in its decisions. In contrast, the role of economic analysis in judicial decisionmaking has received comparatively little attention. This essay looks at that issue more closely.

Three much-discussed opinions of the Court of First Instance ("CFI" or "the Court") in 2002 suggest the need for more thorough discussion of the issue (the "Merger Trio decisions").

My objective in this brief essay is to explore the role of the CFI as an "economic expert" and to suggest potential implications of increased prominence for that role. I use examples from the Merger Trio decisions in discussing the central issue, which is "To what extent, if at all, should Community courts function as economic experts in competition law cases, particularly merger cases?"

Keywords: competition law, judicial decisionmaking, economic analysis, European Commission, Merger Trio, CFI

JEL Classification: K19, K21, K23, K42

Suggested Citation

Gerber, David J., Courts as Economic Experts in European Merger Law (2004). International Antitrust Law and Policy (B. Hawk ed., Fordham Corporate Law Institute, 2004). Available at SSRN: https://ssrn.com/abstract=1116750

David J. Gerber (Contact Author)

Chicago-Kent College of Law - Illinois Institute of Technology ( email )

565 W. Adams St.
Chicago, IL 60661-3691
United States

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