Reliability and Control of the Econometric Analysis in the European Competition Law (Fiabilidad y Control de los Análisis Econométricos en el Derecho Europeo de la Competencia) (Spanish)
Juan C. Hernandez H.
University of Navarra
January 1, 2011
InDret, Vol. 1, 2011
In European competition law, econometric studies are an increasingly frequent resort to support decisions taken by EU authorities. However, in this area a solid doctrine about the criteria to provide reliability to the conclusions derived from these analysis is yet to be built. There is not a clear criteria regarding the role to be played by community courts in reviewing economic evaluations drawn from these empirical analysis. In this paper we approach this problem and we establish some criteria based on EU and U.S. case law and also the guidelines published by the European Commission. In order to do this, we will first focus on the use and methods of econometric techniques, as well as some of the problems derived from them from the perspective of law. Second, a brief reference to better practice guidelines for the submission of economic evidence, recently published by the Directorate General for Competition of the European Commission, and its legal effect, will be made. Subsequently, we will consider the discretion available to the administrative authorities and the scope of the judicial review of economic evaluations developed in this framework, paying attention to some cases decided by the Community Courts. Finally, taking the American experience as point of reference, some guidelines to provide more reliability to the econometric analysis are presented.
Note: Downloadable document is in Spanish.
Number of Pages in PDF File: 19
Keywords: Competition, Econometrics Judicial Discretion, Judicial Control
Date posted: February 25, 2011