Economic analysis has contributed to a better understanding and a better functioning of law at different levels of generality. As far as legal reasoning is concerned, these contributions fall into two large groups. Economics in legal reasoning concerns arguments about the purposes and...

This report analyses 83 key judgments of the highest administrative court for energy cases in the Netherlands - the Appeals Tribunal for Trade and Industry (hereafter: CBB) - to examine how the CBB has lived up to the EU law principle of effective legal protection in practice in the energy...

On 20 October 2016, Advocate General (AG) Wahl delivered its Opinion in Intel's appeal to the Court of Justice of the EU against the judgment of the General Court of the EU. In this Opinion, in which AG Wahl advises the Court of Justice to set aside the judgement of the General Court, AG Wahl...

This paper seeks to find out whether and how use of incentives-related insights from economics may be helpful to a judge interpreting a semantically unclear legal rule. It is argued that, by their nature, economic insights are useful in purposive interpretation if the rationale underlying the...

Advantage is one of the four cumulative criteria that determine whether the EU state aid regime is applicable. Here we look at advantage in relation to compensation for public service obligations. In its Altmark ruling of 2003 the CJEU has fashioned a four part test that, if met, means that the...

This paper discusses what institutional model is best able to address identified deficiencies in enforcement of the Electronic Communications Framework, ie lack of consistency and independence of NRAs. An examination of the three paradigm models otherwise available in EC law reveals that the...

We develop a theory that explains how and when privacy can increase welfare. Without privacy, some individuals misrepresent their preferences, because they will otherwise be statistically discriminated against. This "chilling effect" hurts them individually, and impairs information aggregation....

In November 2011 Sweden abolished the uniform national electricity price and introduced separate price zones. This was the result of an antitrust settlement between the Commission and the Swedish network operator, which was accused of discriminating between domestic and export electricity...

The European Commission is looking for new ways of enforcing EU competition law faster to enhance the effectiveness of antitrust intervention. Against this context, this article explores a tool that is already at the Commission’s disposal: interim measures. These allow the Commission to...