The second issue of Competition Policy International begins with articles by two distinguished jurists representing both sides of the Atlantic. President Bo Vesterdorf, of the European Court of First Instance in Luxembourg, looks at the role of the EC courts in reviewing competition policy decisions by the European Commission. One of the interesting questions he addresses is how much deference the courts should give to findings by the Commission that involve complex economic assessments. Douglas H. Ginsburg, Chief Judge of the U.S. Court of Appeals for the D.C. Circuit, and Leah Brannon explore how court decisions have affected the pace of private enforcement activity in the United States. In an interesting statistical analysis, he documents how waves of private litigation have come and gone, driven in part by U.S. Supreme Court decisions that that opened or closed the door to theories of anticompetitive harm.
The issue then turns to a provocative article by Professor Luke Froeb, until recently chief economist at the U.S. Federal Trade Commission, and several co-authors who are FTC economists. Froeb and his colleagues argue that the available evidence provides little support for various theories of anticompetitive vertical foreclosure. Two leading industrial organization scholars Professors F. M. Scherer and Ralph Winter beg to differ to varying degrees. This exchange has relevance for ongoing debates in the European Community, where the Commission is considering guidelines f
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