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...

The German Federal Supreme Court in 2016 decided a case brought by athlete Claudia Pechstein against the International Skating Union on a doping matter. The question at issue was whether the arbitration clause in the athlete’s contract for participating in the World Championships, entered into...

This paper is the national report for Germany in the project "Mapping Judicial Review of Competition Law Decisions", directed by Or Brook and Barry Rodger. The project is based on an empirical exercise with all decisions taken in judicial review of competition law cases between 2004 and 2020...

This paper argues that empirical economic analysis in court proceedings is subject to important economic and legal restrictions, culminating in a fundamental trade-off between accuracy and practicality. We draw lessons from two influential German court cases - the paper wholesaler cartel...

The protection of a "system of undistorted competition" within the internal market is one of the core elements of EU law that institutionalizes economic integration. The addressees of the prohibitions regarding restraints of competition such as Articles 101 and 102 TFEU are "undertakings". Hence...