Die rechtsstaatlichen Grenzen des 'more economic approach' im Lichte der europäischen Rechtsprechung

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Abstract This survey provides a detailed analysis of the ECJ/EC-case-law regarding the compatibility of the more economic approach to competition law with general principles of EU law. Numerous recent decisions illustrate to what extent courts are willing to adopt the Commissionsf approach and in which cases the quest for an ever more refined economics based decision]making goes against the rule of law. In implementing the economically connotated guidelines the Commission, will have to carefully weigh the limits set by the Courts. This well-founded analyses offers valuable help in assessing the degree of discretion that remains for the Commission to realize the more economic approach.