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Economic Analysis in EU Competition Policy

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Economic Analysis in EU Competition Policy

Recent Trends at the National and EU Level

9781800370180 Edward Elgar Publishing
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 and Affiliated Research Fellow, Max Planck Institute for Innovation and Competition, Germany
Publication Date: December 2021 ISBN: 978 1 80037 018 0 Extent: c 328 pp
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.

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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.
Critical Acclaim
‘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.’
– Giacomo Calzolari, European University Institute, Italy
Contributors
Contributors include: Henk Jaap Albers, Roberto Alimonti, Marco Botta, Timothy Brennan, Ginevra Bruzzone, Pietro Crocioni, Philipp C. Heller, Giorgio Monti, Bertram Neurohr, Frank P. Maier-Rigaud, Pier Lugi Parcu, Rosa Perna, Helen Ralston, Viktoria H.S.E. Robertson, Maria Alessandra Rossi



Contents
Contents:

Preface xv
List of abbreviations xvi
1 Introduction: From the legalistic to the effect-based
approach in EU competition policy 1
Pier Luigi Parcu, Giorgio Monti and Marco Botta
2 The operation of the more economic approach after Intel
and Generics 15
Giorgio Monti
3 The effect-based approach after Intel : A law and
economics perspective 44
Ginevra Bruzzone
4 The kinetic rise and potential fall of market definition 68
Timothy Brennan
5 Current issues in defining relevant antitrust markets: data,
digitalization and innovation 92
Viktoria HSE Robertson
6 Digital markets and implications for competition policy:
Evidence from recent economic analysis 113
Roberto Alimonti, Bertram Neurohr and Helen Ralston
7 Margin squeeze: guiding principles and the state of the
debate in Europe 147
Pietro Crocioni
8 A practitioner’s guide to quantifying damage 173
Frank P Maier-Rigaud and Philipp C Heller
9 The Passing-on principle in EU private antitrust
enforcement: A policy at war with itself? 216
Pier Luigi Parcu and Maria Alessandra Rossi
10 The effectiveness of judicial review of decisions of the
Italian Competition Authority in the Aftermath of the
Damages Directive 239
Rosa Perna
11 Economic evidence in Dutch administrative law: A judge’s
perspective 266
Henk Jaap Albers

Index
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