| Publication type: | Conference paper |
| Type of review: | No review |
| Title: | Certainty and modification in European antitrust law : the exponential growth of a landmark case system and its determinants |
| Authors: | Günster, Andrea Maillart, Thomas |
| et. al: | No |
| Conference details: | 49th Annual Conference of the European Association for Research in Industrial Economics (EARIE), Vienna, Austria, 25-27 August 2022 |
| Issue Date: | 2022 |
| Language: | English |
| Subject (DDC): | 341: Law of nations and European law |
| Abstract: | Case and codified law, present in many enforcement systems, might lead to legal innovation (changes in the interpretation of landmark cases) at the expense of legal certainty (codified law) and vice versa. In the European Union, antitrust enforcement is one example of administrative law enforcement comprising parts of codified and landmark case law. Legal scholars discuss modifications of existing law using landmark case analyses at the EU Court of Justice level, discussing either one or several cases targeting similar antitrust concerns. We aim at understanding quantitatively this modification process by analyzing whether Eu- ropean Union antitrust enforcement offers a successful balance relying on codified laws and simultaneously introducing new landmark cases. Therefore, we show the evolution of the network of landmark cases in terms of forward and backward citations. Moreover, we find the determinants of Court of Justice case citations. We find that European case law gets more complex over time relying on more citations per important cases as well as on more cases. The older cases get the more cited they are. However, the network of case citation increases in complexity in terms of the number of cases. Different economic conduct lead to different citation patterns. |
| URI: | https://digitalcollection.zhaw.ch/handle/11475/27524 |
| Fulltext version: | Published version |
| License (according to publishing contract): | Licence according to publishing contract |
| Departement: | School of Management and Law |
| Organisational Unit: | Institute of Business Information Technology (IWI) |
| Appears in collections: | Publikationen School of Management and Law |
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Günster, A., & Maillart, T. (2022). Certainty and modification in European antitrust law : the exponential growth of a landmark case system and its determinants. 49th Annual Conference of the European Association for Research in Industrial Economics (EARIE), Vienna, Austria, 25-27 August 2022.
Günster, A. and Maillart, T. (2022) ‘Certainty and modification in European antitrust law : the exponential growth of a landmark case system and its determinants’, in 49th Annual Conference of the European Association for Research in Industrial Economics (EARIE), Vienna, Austria, 25-27 August 2022.
A. Günster and T. Maillart, “Certainty and modification in European antitrust law : the exponential growth of a landmark case system and its determinants,” in 49th Annual Conference of the European Association for Research in Industrial Economics (EARIE), Vienna, Austria, 25-27 August 2022, 2022.
GÜNSTER, Andrea und Thomas MAILLART, 2022. Certainty and modification in European antitrust law : the exponential growth of a landmark case system and its determinants. In: 49th Annual Conference of the European Association for Research in Industrial Economics (EARIE), Vienna, Austria, 25-27 August 2022. Conference paper. 2022
Günster, Andrea, and Thomas Maillart. 2022. “Certainty and Modification in European Antitrust Law : The Exponential Growth of a Landmark Case System and Its Determinants.” Conference paper. In 49th Annual Conference of the European Association for Research in Industrial Economics (EARIE), Vienna, Austria, 25-27 August 2022.
Günster, Andrea, and Thomas Maillart. “Certainty and Modification in European Antitrust Law : The Exponential Growth of a Landmark Case System and Its Determinants.” 49th Annual Conference of the European Association for Research in Industrial Economics (EARIE), Vienna, Austria, 25-27 August 2022, 2022.
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