Economic Evidence in EU Competition Law

Oxford University Press: Oxford.

Abstract

The book aims to provide the first comprehensive and systematic legal and economic analysis of economic evidence in EU competition law. It is important to stress here the need for both a legal and an economic analysis of the issues raised by economic evidence. Most commentary published in this area emanates from economists and does not engage with the theories and practices of evidence law. This may be explained by the fact that few evidence lawyers engage with economic analysis and economic evidence, and that few competition lawyers engage with issues of evidence law as such. Economists are also generally emphasizing the technical issue of building good economic arguments in cases but not issues relating to evidence law, which are considered as being the realm of lawyers. To this, one could add that there are various legal traditions in Europe and the concept of evidence, as such, is not understood or examined in the same way. This may have implications for the assessment of economic evidence in the decentralized system of EU competition law enforcement.