Judging in Europe: Do Legal Traditions Matter?

Journal of Competition Law and Economics, Forthcoming

University of Hong Kong Faculty of Law Research Paper No. 2017/038

36 Pages Posted: 9 Dec 2017 Last revised: 16 Dec 2017

Angela Huyue Zhang

The University of Hong Kong - Faculty of Law; King's College London

Jingchen Liu

Columbia University

Nuno Garoupa

George Mason University - Antonin Scalia Law School, Faculty

Date Written: December 5, 2017

Abstract

EU competition appeals typically involve applications by private businesses to annul decisions made by the European Commission. Moreover, these appeals are first assigned at random to a chamber, with a judge then designated as the rapporteur who will be most closely involved with the case. Using hand-collected original data on the background characteristics of EU judges and on competition judgments by the General Court between 1989 to 2015, we test the extent to which the legal origins of judges bear a statistically significant effect on case outcomes and that the rapporteur plays a crucial role in the decision-making process. In particular, if a rapporteur comes from a country whose administrative law has a strong French influence, the decision is more likely to favor the Commission than if he is from any other EU country. These results are robust to alternative political ideology variables, including left-right politics and a preference for European integration.

Keywords: Judicial behaviour, competition

JEL Classification: K1

Suggested Citation

Zhang, Angela Huyue and Liu, Jingchen and Garoupa, Nuno, Judging in Europe: Do Legal Traditions Matter? (December 5, 2017). Journal of Competition Law and Economics, Forthcoming; University of Hong Kong Faculty of Law Research Paper No. 2017/038. Available at SSRN: https://ssrn.com/abstract=3082854

Angela Huyue Zhang (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

King's College London ( email )

London
United Kingdom

HOME PAGE: http://www.kcl.ac.uk/law/people/academic/azhang.aspx

Jingchen Liu

Columbia University ( email )

3022 Broadway
New York, NY 10027
United States

Nuno Garoupa

George Mason University - Antonin Scalia Law School, Faculty ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States

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