Courts as Economic Experts in European Merger Law

The relationship between law and economics in European competition law has always been important, but it has received increasing attention during recent years. Much of this attention has focused on doctrinal aspects of the relationship and on the European Commission's use of economic analysis in its decisions. In contrast, the role of economic analysis in judicial decisionmaking has received comparatively little attention. This essay looks at that issue more closely.Three much-discussed opinions of the Court of First Instance (quot;CFIquot; or quot;the Courtquot;) in 2002 suggest the need for more thorough discussion of the issue (the quot;Merger Trio decisionsquot;).My objective in this brief essay is to explore the role of the CFI as an quot;economic expertquot; and to suggest potential implications of increased prominence for that role. I use examples from the Merger Trio decisions in discussing the central issue, which is quot;To what extent, if at all, should Community courts function as economic experts in competition law cases, particularly merger cases?quot