Frédéric Jenny Liber Amicorum: Standing Up for Convergence and Relevance in Antitrust
Dr. Frédéric Jenny is the Renaissance man of competition policy. As an economist, scholar, judge and enforcer, he has helped transform the landscape of global competition enforcement. In the first volume of this Liber Amicorum, distinguished members of both Bar and Bench, as well as academics from around the world, come together to bear testimony to his international achievements. This collection of 21 articles celebrates Dr. Jenny’s career thus far, and also explores other timely and topical areas of competition law and policy.
In this paper we describe a methodology that allows researchers to measure empirically, in the form of well-defined indicators, the extent to which economic analysis and evidence is been applied in the enforcement of competition law, using data collected from the decisions of competition authorities. By mapping the value of these indicators to different legal standards, our methodology also allows one to identify the legal standards adopted in the assessment of different conducts that were investigated by the authorities. The policy implications of empirical work in this area are potentially very important, since the extent to which economic analysis is applied in the assessment of anti-competitive conduct by competition authorities may well influence the quality of this assessment (i.e. the quality of enforcing competition law, measured by the extent to which decision-errors and deterrence effects are minimised). Empirical analysis using the indicators can be used to undertake comparative analysis in different countries, to examine the extent to which authorities favour specific legal standards in the assessment of specific conducts and the way in which the judicial review process treats decisions depending on the legal standard used.