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...