Please use this identifier to cite or link to this item: http://hdl.handle.net/10419/96570
Authors: 
Friederiszick, Hans W.
Röller, Lars-Hendrik
Year of Publication: 
2010
Series/Report no.: 
ESMT Working Paper 10-001
Abstract: 
This paper argues that empirical economic analysis in court proceedings is subject to important economic and legal restrictions, cumulating in a fundamental trade-off between accuracy and practicality. We draw lessons from two influential German court cases – the paper wholesaler cartel decision of 2007 and the cement cartel decision of 2009. We characterise the trade-offs arguing that they need to be well understood, made transparent, and that decisions on how to proceed in light of these trade-offs have to be taken upfront by the court. In this respect, we believe that the three-step procedure (design, application, and robustness checks) followed by the German court in the cement case is well suited to meet the appropriate legal standard and requirements, both with respect to accuracy and practicality.
Subjects: 
antitrust law
horizontal anticompetitive practices
quantification of damages
JEL: 
L12
L41
K21
K41
C10
Persistent Identifier of the first edition: 
Document Type: 
Working Paper

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