In this paper, we discuss the extent to which EU competition rules are arbitrable. There is a wide consensus that Articles 101 and 102 TFEU are fully arbitrable and we share that opinion. More challenging questions may, however, arise when the dispute subject to arbitration raises issues under...

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...

This paper contains the conclusions from the work of the Economic Impact Group (EIG), a part of the CoPECL Network of Excellence funded by the EU to prepare a Draft Common Frame of Reference (DCFR). Part 1 revisits basic principles which are central to the work of the whole group. For one,...

An injunction is usually understood as an order requiring the person to whom it is directed to perform a particular act or to refrain from carrying out a particular act. This conventional definition of injunction addresses a person who acts against the law – an infringer – and should be...

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...