Description
Book SynopsisThis 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.
Trade ReviewEffective judicial review is necessary to ensure the legitimacy of modern systems of administrative law enforcement. In view of the increased complexity of cases brought before them, Courts have no choice but to truly engage with economic and scientific evidence, while ensuring the expediency of proceedings. The book of Prof Mantzari, one of the rising stars in the field, is a must read for anyone interested in the role of Courts. Very well researched, inter disciplinary and comparative: in short, an outstanding piece of modern legal scholarship. * Prof Adrien de Hauteclocque, CJEU & Florence School of Regulation *
Informatively enhanced for the reader with the inclusion of Figures, Tables, Cases, Legislation, a ten page Bibliography, and a ten page Index, "Courts, Regulators, and the Scrutiny of Economic Evidence" is an especially well written, organized and presented study that is unreservedly recommended for professional, governmental, college, and university library Economics collections and supplemental curriculum studies syllabus. * Midwest Book Review *
Informatively enhanced for the reader with the inclusion of Figures, Tables, Cases, Legislation, a ten page Bibliography, and a ten page Index, Courts, Regulators, and the Scrutiny of Economic Evidence is an especially well written, organized and presented study that is unreservedly recommended for professional, governmental, college, and university library Economics collections and supplemental curriculum studies syllabus. * Economic Studies Shelf *
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 *
Mantzari provides a fascinating account of legal and social science theories relating to how the choice of institutions affects the substance of the law (...) The book is rich in theory and detail. The selection of methods and the normative arguments engage deeply with various strands of scholarship ranging from the theories and history of regulation, to the philosophy of judicial review and comparative institutional analysis. Such debates are presented clearly and informatively, friendly also to those who are not fully immersed in those discussions (...) The book makes notable contributions beyond its immediate research questions and would be of great interest to the study of the institutional development of regulatory authorities and their governance. * Or Brook, Modern Law Review *
It deals with an increasingly complex and important area of procedural law, namely the handling of economic evidence by courts and tribunals in - amongst other areas - competition law. In addition to providing really helpful information as regards practice and procedure in many tribunals across the world, the book provides a helpful framework for considering the important questions that arise, and useful pointers as to how such questions might be resolved. It is - for the practitioner, as well as the academic - a key text. * Sir Marcus Smith, President of the UK Competition Appeal Tribunal *
Table of Contents1: 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
