Courts, Regulators, and the Scrutiny of Economic Evidence

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Despoina Mantzari (Associate Professor in Competition Law and Policy, Associate Professor in Competition Law and Policy, UCL Faculty of Laws)

Courts, Regulators, and the Scrutiny of Economic Evidence

Despoina Mantzari (Associate Professor in Competition Law and Policy, Associate Professor in Competition Law and Policy, UCL Faculty of Laws)

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English

Oxford University Press
16 September 2022

Economics; Public international law; Company, commercial & competition law; Competition law & Antitrust law

Courts, Regulators, and the Scrutiny of Economic Evidence presents the first systematic examination of economic regulation and the crucial role of economic evidence in regulatory authorities and courts. This book brings together strands of scholarship from law, economics, and political science to explore two key themes: the influence of economic evidence on the discretionary assessments of economic regulators, and the limits of judicial review of economic evidence, supplemented with comparative examination of both UK and US systems. In light of the challenges posed by economic evidence, Mantzari argues the appropriate scope of judicial review in the era of regulatory economics, and what the optimal institutional response to the pervasiveness of economic evidence in regulation should be.

Building on comparative institutional analysis, this book rejects single-factor explanations, such as the individual knowledge of judges, in favour of a richer set of macro and micro-level factors that shape the relationships between courts and regulators. Mantzari argues that the 'recipe' for adjudicating economic evidence requires a balance in which a degree of epistemic diversity is introduced in courts, and deference is accorded to regulatory agencies on grounds of institutional competency. The book combines theoretical, doctrinal, comparative, and empirical analysis and it is written to be accessible to lawyers, economists, judges, regulators, policymakers, and political scientists.

By: Despoina Mantzari (Associate Professor in Competition Law and Policy Associate Professor in Competition Law and Policy UCL Faculty of Laws)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Edition: 1
Dimensions: Height: 240mm, Width: 162mm, Spine: 20mm
Weight: 540g
ISBN: 9780198851608
ISBN 10: 019885160X
Pages: 272
Publication Date: 16 September 2022
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

1: Introduction 2: Unpacking Economic Evidence 3: Imperfect Alternatives: Actors and Processes for the Review of Economic Evidence in the US and the UK 4: Transforming Discretion 5: From 'Hard Look Review' to 'Thin Rationality' review: The US Courts' Response to Economic Evidence 6: The Institutional Response: Judicial Scrutiny of Economic Evidence at the UK Competition Appeal Tribunal 7: Towards a Complementary Relationship between the Court and the Regulatory Agency in the Realm of Utility Regulation 8: Epilogue

Dr Despoina Mantzari is Associate Professor in Competition Law and Policy at University College London (UCL), Faculty of Laws. Prior to that she was a lecturer at the University of Reading and a postdoctoral research fellow at the Centre for Competition Policy at the University of East Anglia. She was also a visiting researcher at the UC Berkeley Boalt Hall School of Law and a Fellow at the Institute of Advanced Legal Studies in London. She holds a PhD and an LL.M from UCL and studied law at the National University of Athens. Her research cuts across competition law and public law and regulation and has been funded by the AHRC, the ESRC, and the BA/Leverhulme Trust.

Reviews for Courts, Regulators, and the Scrutiny of Economic Evidence

This work offers a new and highly effective approach to the study of regulatory practice, particularly by different institutional models, on the use and critical examination of economic evidence. In favouring the methods and practices of the UK's Competition Appeal Tribunal, (the 'CAT') it makes a judgment with which it is very hard to disagree. But the book is valuable as much for the comprehensive coverage of two decades' practice as for the conclusions it reaches. The author is to be congratulated for this timely contribution to the study of regulation. * Peter Freeman CBE, KC (Hon), CAT Chairman 2013-2021 * This book sheds much needed light on how courts engage - or should engage - with economic evidence in regulatory disputes and is a must-read for anyone interested in judicial review and economic evidence in the realm of regulation and beyond. The author's analysis is theoretically solid, methodologically rich and rigorous, and exceptionally insightful and thought-provoking * Dr Andriani Kalintiri, Dickson Poon School of Law, King's College London *