Considerations Determining the Extent of Economic Analysis and the Choice of Legal Standards in Competition Law Enforcement

Yannis Katsoulacos

A chapter in Competition Authorities in South Eastern Europe, 2018, pp 133-153 from Springer

Abstract: Abstract The extent of economic analysis and evidence on which competition authorities and courts rely, in assessing whether specific conducts violate competition law, depends crucially on the legal standard adopted. In this article we examine the factors that influence the choice of legal standards, and hence determine the extent of economic analysis and evidence applied in competition law enforcement, focusing on the recent economic literature. We suggest a number of explanations on why the decisions of competition authorities in relation to the utilization of economic evidence may diverge from the social welfare-maximising decisions, stressing the role of substantive (or liability) standards adopted. Differences in substantive standards may be used to explain the significant divergence in the type of legal standards adopted in the EU and the USA. We also propose a practical methodology that can be used by competition authorities for identifying which legal standards minimise decision errors in the assessment of specific conduct.

Keywords: Competition law enforcement; Economic evidence; Effect-based vs. object-based (per se) legal standards (search for similar items in EconPapers)
Date: 2018
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Persistent link: https://EconPapers.repec.org/RePEc:spr:conchp:978-3-319-76644-7_8

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DOI: 10.1007/978-3-319-76644-7_8

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