Publication type: Conference paper
Type of review: No review
Title: An analysis of court of appeal rulings in the EU, 1964-2000
Authors: Günster, Andrea
Carree, Martin
Schinkel, Maarten-Pieter
et. al: No
Conference details: 6th Annual International Industrial Organization Conference, Washington D.C., USA, 16-18 May 2008
Issue Date: 2008
Language: English
Subject (DDC): 341: Law of nations and European law
Abstract: In Europe, the most important competition policy enforcing agency is the European Commission. It applies antitrust, state aid and merger law as well as initiates new legislation thereby shaping the competitive process on the old continent. However, how well the institution is working in terms of legal certainty and economic justice is an open issue. This paper surveys critically the history of European antitrust policy from the perspective of the European Court of Justice since the grounds for its implementation were set in 1962. The data cover all antitrust decisions by the European Commission decided under Articles 81 and 82 resulting into an appeal proceeding. First, we present a number of descriptive statistics on the European Court of Justice antitrust sentences in form of a historical overview including landmark case discussion. Issues such as the grounds for appeal, revisions of the original decision, the duration and length of the appeals proceedings and probabilities of success depending on characteristics such as the type of infringement originally found are considered. Thereafter, we estimate a model evaluating the quality of the Commission’s work with respect to Court sentences using a multinomial logit on the sentence and regressions on fine reduction and cost sharing by the parties.
Fulltext version: Published version
License (according to publishing contract): Licence according to publishing contract
Departement: School of Management and Law
Organisational Unit: Center for Economic Policy (FWP)
Appears in collections:Publikationen School of Management and Law

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