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European Antitrust Enforcement 1957-2000: An Analysis of Court of Appeal Rulings

European Antitrust Enforcement 1957-2000: An Analysis of Court of Appeal Rulings. EC Competition Enforcement Data, Amsterdam April 11, 2008 Andrea Guenster Martin Carree Maarten Pieter Schinkel. Agenda. European Antitrust Policy European Court of Justice

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European Antitrust Enforcement 1957-2000: An Analysis of Court of Appeal Rulings

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  1. European Antitrust Enforcement 1957-2000: An Analysis of Court of Appeal Rulings EC Competition Enforcement Data, Amsterdam April 11, 2008 Andrea Guenster Martin Carree Maarten Pieter Schinkel

  2. Agenda • European Antitrust Policy • European Court of Justice • History of the European Court of Justice • The Sentences of the European Court of Justice • An inferential Analysis of European Court of Justice’s Sentences • Limitations and Outlook

  3. European Antitrust Policy • Literature Review Posner (1970, 2001) Gallo et al. (1985, 1986, 2000, 2001) Harding et al. (2005) Legal landmark case books, e.g. Vogelaar (2004), Ritter et al. (2005) De Burca and Weilers (2001) • Article 81 and 82 • Data (392 Not joined, 207 joined, 1964-00) Webpage European Court of Justice Stemming from 129 DG Competition cases of a total of 473 Grundig-Consten (1964) and Central Parts/JCB (2000) Arranged according to opening date Infringements, Exemptions and Negative Clearances

  4. European Court of Justice • Court established eleven years before Commission in European Coal and Steal Treaty 1951 (Paris) • “… ensure that the interpretation and application of the Treaty is observed.” (Article 164 EC Treaty): sentences, orders and opinions • Expiration of Treaty in 2002, but not constitutional Court Civil Law • Triangle of Council, Parliament and Commission and advices national Courts • From interpretation establishing landmark case reference system to economic theory foundation • Landmark Cases result into Notices, Regulations and Guidelines • Pronuptia Case DGIV/30.937, Commission Reg. 4087/88/EEC of 28 December 1988 on the application of Article 85 (3) of the Treaty to categories of franchise agreements • BMW DGIV/14.650, Regulation on Franchising Commission Reg. 123/85/EEC of 12 December 1984 on the application of Article 85 (3) of the Treaty to certain categories of motor vehicle distribution and servicing agreements

  5. 25 20 15 Upheld PartialAnnulled Annulled 10 5 1964 1968 1972 1976 1980 1984 1988 1992 1996 2000

  6. 1.00 0.90 0.80 0.70 0.60 0.50 % Reduced 0.40 0.30 0.20 0.10 0 0 0 0 0 1964 1968 1972 1976 1980 1984 1988 1992 1996 2000

  7. Conclusion • Shows tendencies and changes in composition • Historical changes in legal, procedural settings and economic interpretation • From interpretation establishing landmark case reference system to economic theory foundation • Rule of reason versus per se rules • How successful are appeal proceedings?

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