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This insightful book assesses emerging trends in the role of economic analysis in EU competition policy, exploring how it has substantially increased in terms of both theories and methods.Expert contributors examine the jurisprudence of the EU Court of Justice, which has become more supportive of effect-based analysis in EU competition policy. Chapters consider key topics including the role of economic analysis in relation to defining the relevant market, the challenges of competition policy enforcement in the telecom and digital markets, and economic methods to estimate damages in cases of private enforcement of EU competition law. The book also discusses the challenges faced by judges in reviewing the economic evidence relied on by competition agencies in their decisions and how these may be overcome.Providing a comparative analysis of EU competition policy at both the EU and national levels, this book will be a valuable resource for scholars and students of EU competition policy. It will also be beneficial for practitioners specialising in competition law and economics.
Edited by Pier Luigi Parcu, Part-time Professor, European University Institute and Chairman of Studio Economico, Italy, Giorgio Monti, Professor of Competition Law, Tilburg University, the Netherlands and Part-time Professor, European University Institute, Italy and Marco Botta, Part-time Professor, European University Institute, Italy
Contents:Preface xvList of abbreviations xvi1 Introduction: From the legalistic to the effect-basedapproach in EU competition policy 1Pier Luigi Parcu, Giorgio Monti and Marco Botta2 The operation of the more economic approach after Inteland Generics 15Giorgio Monti3 The effect-based approach after Intel : A law andeconomics perspective 44Ginevra Bruzzone4 The kinetic rise and potential fall of market definition 68Timothy Brennan5 Current issues in defining relevant antitrust markets: data,digitalization and innovation 92Viktoria HSE Robertson6 Digital markets and implications for competition policy:Evidence from recent economic analysis 113Roberto Alimonti, Bertram Neurohr and Helen Ralston7 Margin squeeze: guiding principles and the state of thedebate in Europe 147Pietro Crocioni8 A practitioner’s guide to quantifying damage 173Frank P Maier-Rigaud and Philipp C Heller9 The Passing-on principle in EU private antitrustenforcement: A policy at war with itself? 216Pier Luigi Parcu and Maria Alessandra Rossi10 The effectiveness of judicial review of decisions of theItalian Competition Authority in the Aftermath of theDamages Directive 239Rosa Perna11 Economic evidence in Dutch administrative law: A judge’sperspective 266Henk Jaap AlbersIndex
‘Economic Analysis in EU Competition Policy, edited by Parcu, Monti and Botta, is a timely and stimulating read. It provides a clear view of new approaches, consequences, and difficulties with embracing economic analysis in competition policy. The book offers a cutting-edge insight into these critical topics as needed in a fast-changing world and its digital markets.’