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
Date Written: 2004
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: Suggested Citation