From the Editor
The contributors to this issue well deserve thanks from the editorial team and our readers.
Judicial Issues From Both Sides of the Atlantic
This article considers the circumstances in which a court, faced with a challenge to a decision taken by a primary decision-maker, accords a margin of appreciation to that decision-maker by limiting the intensity of its review.
From an institutional law perspective, the question arises how to qualify the more than thirty existing communications, notices and guidelines which the Commission has issued in the area of antitrust law.
The judge´s task is less one of economic learning than it is of using the economic analysis to bring the evidence into sufficient focus to reach a decision.
The judge has no choice but to study the economic evidence that is presented by the parties and to come to a conclusion that is consistent with that evidence. This paper considers whether judges have been up to that task.
Merger Analysis and Enforcement