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Faculty of Law (Faculteitskamer - A1.01). Topic: Mergers, Standard of Proof, Expert Economic Evidence and Judicial Review in The Netherlands. Doors open from 11.45, lunch will be served.

Event details of ACLE Economic Evidence in Legal Procedures Seminar: Adrienne de Moor-van Vugt (University of Amsterdam)
Date 2 December 2013
Time 12:00 -13:15
Location Oudemanhuispoort
Room Faculty of Law: Oudemanhuispoort - Faculteitskamer - A1.01

Introduction to the seminar

The use of complex econometric modeling as evidence in merger control proceedings is difficult to reconcile with the standard of proof in Dutch administrative law. in the landmark case NUON/Reliant about the merger of two electricity companies the Dutch Trades and Industries Appeals Board dismissed the evidence of the Dutch Competition Authority because it did not consider the results of the econometric model sufficiently robust. Adrienne de Moor-Van Vugt will go into the legal details of the case, discuss the Tetra Laval standard of proof the EU Court of Justice has set and invite you to discuss ways to reconcile legal requirements with economic models.

In preparation you can read two papers:

  • Pieter Kalbfleisch, Standard of Proof, Burden of Proof and Evaluation of Evidence in Antitrust and Merger Cases: A Perspective of the Netherlands Competition Authority, in: EHLERMANN, Claus-Dieter: MARQUIS, Mel (eds.), European Competition Law Annual 2009: The Evaluation of Evidence and its Judicial Review in Competition Cases, Oxford/Portland, Hart Publishing 2011.
  •  Yves Botteman, Mergers, Standard of Proof and Expert Economic Evidence, Journal of Competition Law & Economics (2006) 2 (1), p.71-100.

To download the papers see the links below.


About the Speaker

Prof. dr. mr. Adrienne de Moor-Van Vugt is professor of Constitutional and Administrative Law at the Law Faculty of the University of Amsterdam. She is co-director of the Amsterdam Center for Energy Research and research fellow at the Amsterdam Center for Law & Economics. Her research interests include regulation and supervision in the gaz and electricity sector, the banking crisis and the rol of national and European banking authorities, state aid under EU law, EU subsidies, and competition law.


Room Faculty of Law: Oudemanhuispoort - Faculteitskamer - A1.01

Oudemanhuispoort 4-6
1012 CN Amsterdam