From the Editor
From the Editor: Spring 2009
The contributors to this issue well deserve thanks from the editorial team and our readers.
Judicial Issues From Both Sides of the Atlantic
Margins of Appreciation: Changing Contours in Community and Domestic Case Law
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.
Institutional Aspects of European Commission Guidance in the Area of Antitrust Law
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.
Merger Trials: Looking for the Third Dimension
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.
Square Pegs in Round Holes: The Interaction between Judges and Economic Evidence
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
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