Tuesday, September 7, 2021

Decision Theory and Legal Process in EU Competition Law

Decision Theory and Legal Process in EU Competition Law

 

Jorge Padilla

Compass Lexecon

Abstract

In this brief essay I set out my views on the way in which competition assessments should be conducted so that they be consistent with the standard of proof in EU competition cases and Easterbrook’s error cost minimization principle. My goal is to develop a normative benchmark against which to assess the European Commission’s actual decision-making practice. I conclude by discussing whether actual practice is consistent with such a benchmark.

https://lawprofessors.typepad.com/antitrustprof_blog/2021/09/decision-theory-and-legal-process-in-eu-competition-law.html

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