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Tilburg Law and Economics Center

TILEC supports and stimulates academic research on the governance of economic activity. It fosters academically path breaking and practically relevant research and aims to be a leading center worldwide.

TILEC Seminar: Rupprecht Podszun

Economic Evidence before the European Courts After Intel
10:45-11:45, T50A

Rupprecht Podszun is a full professor for civil law and competition law at the University of Düsseldorf in Germany. He is also an Affiliated Research Fellow with the Max Planck Institute for Innovation and Competition in Munich. Before joining academia he worked for the Bundeskartellamt for two years. Rupprecht is the editor of “Wirtschaft und Wettbewerb (WuW)” and of “Journal of European Consumer and Market Law (EuCML)” and a board member of Ascola, the Academic Society for Competition Law.

Research Focus:

Competition law; focus on media and IT cases; interplay of Intellectual Property and competition law; fundamental questions of private law theory (evolutionary legal theory)

Economic Evidence before the European Courts After Intel

The Intel judgment of the Court of Justice (C-413/14 P) from 2017 is seen as shaping the relationship of competition law, fundamental procedural requirements and economics. The Court of Justice set aside a ruling of the General Court in a competition case fought by the European Commission against Intel, the chipmaker, for the abuse of a dominant position. The General Court, so the superior bench decided, should have looked into economic arguments put forward by the company. This has been welcomed as a revitalisation of the “effects-based approach” in competition law and regulation in general.

In his talk, Rupprecht Podszun reviews the judgment and the role for economics in legal proceedings. He submits that the Intel judgment does not re-conceptualise the competition law provisions in the Treaty in the sense of a “more economic approach”. The ruling is significant for its guidance on procedure and it allows reflections on the admissibility of economic evidence. If competition law is a pacemaker for market regulation in the EU, it is not “more economics” which is the signal of the past years for regulation. The lesson is a different one: Respect for fundamental procedural rights will be strengthened.


When: 14 March 2018 10:45

End date: 14 March 2018 11:45

Where: Tias building