Economic principles in antitrust law in the aftermath of the more economic approach

Claudia Seitz

pp. 367-387

in: Klaus Mathis (ed), Law and economics in Europe, Berlin, Springer, 2014

Abstract

More than a decade after progressive discussions of economic tendencies in traditional antitrust law¹ and an increasing importance of economics in antitrust assessments in Europe², the relationship between economics and law in the assessment of antitrust cases has still not yet adequately been solved. Although a "more economic approach " has been discussed widely by economists and lawyers over the past years in the EU, in the EU³ member states⁴ as well as in Switzerland,⁵ there are still some important issues which are not yet solved.⁶The key questions are, whether a form-based legal approach should be followed, whether an effects-based economic approach is better suited to cover antitrust cases, or whether an approach that combines both approaches is possible, at least in some cases.