Table 9.

Appeal and annulment rates and Weighted Average Annulment Rates (WAAR) for each LSI and conduct group. Table 9a. Scoring taking into account analysis under Article 101(3) (140 decisions)

Conduct groupLSI
Total NoWAAR for each conduct group (%)
123456
G1No of decisions (without gaps)37460038647.2
Share of particular LSI in G1 (%)3.586.07.00.00.03.5
No of appealed decisions363400272
Appeal rate across all LSI for G1 (%)4.287.55.60.00.02.8
Appeal rate for each LSI across all groups (%)75.092.620.00.0n/a33.3
No of annulled decisions0331n/a n/a 034
Annulment rate (%)05225n/a n/a 0.0047
G2No of decisions (without gaps)0300003n/a 
Share of particular LSI in G2 (%)0.01000.00.00.00.0
No of appealed decisions n/a0n/a n/a n/a n/a 0
Appeal rate across all LSI for G2 (%)n/an/an/an/an/an/a
Appeal rate for each LSI across all groups (%)n/a0.0n/an/an/an/a
No of annulled decisionsn/an/a n/a n/a n/a n/a 
Annulment raten/a n/a n/a n/a n/a n/a 
G3No of decisions (without gaps)27111022342.9
Share of particular LSI in G3 (%)8.730.447.84.30.08.7
No of appealed decisions1471n/a 114
Appeal rate across all LSI for G3 (%)7.128.650.07.1n/a7.1
Appeal rate for each LSI across all groups (%)25.05.935.020.0n/a16.7
No of annulled decisions0150 n/a06
Annulment rate (%)025710 n/a043
G4No of decisions (without gaps)02157042835.3
Share of particular LSI in G4 (%)0.07.153.625.00.014.3
No of appealed decisions n/a194 n/a317
Appeal rate across all LSI for G4 (%)n/a5.952.923.5n/a17.6
Appeal rate for each LSI across all groups (%)n/a1.545.080.0n/a50.0
No of annulled decisions n/a032 n/a16
Annulment rate (%) n/a03350 n/a3335
Total No of decisions (shares %) corresponding to each LSI5 (3.6)86 (61.4)32 (22.9)8 (5.7)0 (0.0)9 (6.4)140
Total No of appealed decisions (shares %) corresponding to each LSI4 (3.9)68 (66.0)20 (19.4)5 (4.9)0 (0.0)6 (5.8)103
WAAR for each value of LSI (%)0.050.045.040.0n/a16.7
Conduct groupLSI
Total NoWAAR for each conduct group (%)
123456
G1No of decisions (without gaps)37460038647.2
Share of particular LSI in G1 (%)3.586.07.00.00.03.5
No of appealed decisions363400272
Appeal rate across all LSI for G1 (%)4.287.55.60.00.02.8
Appeal rate for each LSI across all groups (%)75.092.620.00.0n/a33.3
No of annulled decisions0331n/a n/a 034
Annulment rate (%)05225n/a n/a 0.0047
G2No of decisions (without gaps)0300003n/a 
Share of particular LSI in G2 (%)0.01000.00.00.00.0
No of appealed decisions n/a0n/a n/a n/a n/a 0
Appeal rate across all LSI for G2 (%)n/an/an/an/an/an/a
Appeal rate for each LSI across all groups (%)n/a0.0n/an/an/an/a
No of annulled decisionsn/an/a n/a n/a n/a n/a 
Annulment raten/a n/a n/a n/a n/a n/a 
G3No of decisions (without gaps)27111022342.9
Share of particular LSI in G3 (%)8.730.447.84.30.08.7
No of appealed decisions1471n/a 114
Appeal rate across all LSI for G3 (%)7.128.650.07.1n/a7.1
Appeal rate for each LSI across all groups (%)25.05.935.020.0n/a16.7
No of annulled decisions0150 n/a06
Annulment rate (%)025710 n/a043
G4No of decisions (without gaps)02157042835.3
Share of particular LSI in G4 (%)0.07.153.625.00.014.3
No of appealed decisions n/a194 n/a317
Appeal rate across all LSI for G4 (%)n/a5.952.923.5n/a17.6
Appeal rate for each LSI across all groups (%)n/a1.545.080.0n/a50.0
No of annulled decisions n/a032 n/a16
Annulment rate (%) n/a03350 n/a3335
Total No of decisions (shares %) corresponding to each LSI5 (3.6)86 (61.4)32 (22.9)8 (5.7)0 (0.0)9 (6.4)140
Total No of appealed decisions (shares %) corresponding to each LSI4 (3.9)68 (66.0)20 (19.4)5 (4.9)0 (0.0)6 (5.8)103
WAAR for each value of LSI (%)0.050.045.040.0n/a16.7

Notes: WAAR for each conduct group (last column), for example for G1, is given by the sum across LSI of the (Appeal rate across all LSI for G1) × (annulment rate), or equivalently, by dividing the total number of annulled G1 decisions (34) by the total number of appealed G1 decisions (72). In addition, the appeal rate across all LSI for example for G1 and LSI = 1, is (3/72) = 0.042. Accordingly, the appeal rate for each LSI across all groups for example for LSI = 1, is (3/4) = 0.75 (where 4 is the total number of appealed decisions across all groups with LSI = 1). Also, note that the number of appealed decisions does not include appealed decisions which are still in progress. Hence, for G1 and LSI = 2 there are 65 appealed decisions instead of 63 but 2 appealed decisions are still in progress so are not included here. For G1 and LSI = 3, there are 5 appealed decisions instead of 4 but 1 appealed decision is still in progress so is not included here. For G1 and LSI = 6, there are 3 appealed decisions instead of 2 but 1 appealed decision is still in progress so is not included here. For G2 and LSI = 2, there is 1 appealed decision instead of 0 but this appealed decision is still in progress so is not included here. For G3 and LSI =  1, there are 2 appealed decisions instead of 1 but 1 appealed decision is still in progress so is not included here. For G4 and LSI = 4, there are 5 appealed decisions instead of 4 but 1 appealed decision is still in progress so is not included here. For G4 and LSI = 6, there are 4 appealed decisions instead of 3 but 1 appealed decision is still in progress so is not included here.

Table 9.

Appeal and annulment rates and Weighted Average Annulment Rates (WAAR) for each LSI and conduct group. Table 9a. Scoring taking into account analysis under Article 101(3) (140 decisions)

Conduct groupLSI
Total NoWAAR for each conduct group (%)
123456
G1No of decisions (without gaps)37460038647.2
Share of particular LSI in G1 (%)3.586.07.00.00.03.5
No of appealed decisions363400272
Appeal rate across all LSI for G1 (%)4.287.55.60.00.02.8
Appeal rate for each LSI across all groups (%)75.092.620.00.0n/a33.3
No of annulled decisions0331n/a n/a 034
Annulment rate (%)05225n/a n/a 0.0047
G2No of decisions (without gaps)0300003n/a 
Share of particular LSI in G2 (%)0.01000.00.00.00.0
No of appealed decisions n/a0n/a n/a n/a n/a 0
Appeal rate across all LSI for G2 (%)n/an/an/an/an/an/a
Appeal rate for each LSI across all groups (%)n/a0.0n/an/an/an/a
No of annulled decisionsn/an/a n/a n/a n/a n/a 
Annulment raten/a n/a n/a n/a n/a n/a 
G3No of decisions (without gaps)27111022342.9
Share of particular LSI in G3 (%)8.730.447.84.30.08.7
No of appealed decisions1471n/a 114
Appeal rate across all LSI for G3 (%)7.128.650.07.1n/a7.1
Appeal rate for each LSI across all groups (%)25.05.935.020.0n/a16.7
No of annulled decisions0150 n/a06
Annulment rate (%)025710 n/a043
G4No of decisions (without gaps)02157042835.3
Share of particular LSI in G4 (%)0.07.153.625.00.014.3
No of appealed decisions n/a194 n/a317
Appeal rate across all LSI for G4 (%)n/a5.952.923.5n/a17.6
Appeal rate for each LSI across all groups (%)n/a1.545.080.0n/a50.0
No of annulled decisions n/a032 n/a16
Annulment rate (%) n/a03350 n/a3335
Total No of decisions (shares %) corresponding to each LSI5 (3.6)86 (61.4)32 (22.9)8 (5.7)0 (0.0)9 (6.4)140
Total No of appealed decisions (shares %) corresponding to each LSI4 (3.9)68 (66.0)20 (19.4)5 (4.9)0 (0.0)6 (5.8)103
WAAR for each value of LSI (%)0.050.045.040.0n/a16.7
Conduct groupLSI
Total NoWAAR for each conduct group (%)
123456
G1No of decisions (without gaps)37460038647.2
Share of particular LSI in G1 (%)3.586.07.00.00.03.5
No of appealed decisions363400272
Appeal rate across all LSI for G1 (%)4.287.55.60.00.02.8
Appeal rate for each LSI across all groups (%)75.092.620.00.0n/a33.3
No of annulled decisions0331n/a n/a 034
Annulment rate (%)05225n/a n/a 0.0047
G2No of decisions (without gaps)0300003n/a 
Share of particular LSI in G2 (%)0.01000.00.00.00.0
No of appealed decisions n/a0n/a n/a n/a n/a 0
Appeal rate across all LSI for G2 (%)n/an/an/an/an/an/a
Appeal rate for each LSI across all groups (%)n/a0.0n/an/an/an/a
No of annulled decisionsn/an/a n/a n/a n/a n/a 
Annulment raten/a n/a n/a n/a n/a n/a 
G3No of decisions (without gaps)27111022342.9
Share of particular LSI in G3 (%)8.730.447.84.30.08.7
No of appealed decisions1471n/a 114
Appeal rate across all LSI for G3 (%)7.128.650.07.1n/a7.1
Appeal rate for each LSI across all groups (%)25.05.935.020.0n/a16.7
No of annulled decisions0150 n/a06
Annulment rate (%)025710 n/a043
G4No of decisions (without gaps)02157042835.3
Share of particular LSI in G4 (%)0.07.153.625.00.014.3
No of appealed decisions n/a194 n/a317
Appeal rate across all LSI for G4 (%)n/a5.952.923.5n/a17.6
Appeal rate for each LSI across all groups (%)n/a1.545.080.0n/a50.0
No of annulled decisions n/a032 n/a16
Annulment rate (%) n/a03350 n/a3335
Total No of decisions (shares %) corresponding to each LSI5 (3.6)86 (61.4)32 (22.9)8 (5.7)0 (0.0)9 (6.4)140
Total No of appealed decisions (shares %) corresponding to each LSI4 (3.9)68 (66.0)20 (19.4)5 (4.9)0 (0.0)6 (5.8)103
WAAR for each value of LSI (%)0.050.045.040.0n/a16.7

Notes: WAAR for each conduct group (last column), for example for G1, is given by the sum across LSI of the (Appeal rate across all LSI for G1) × (annulment rate), or equivalently, by dividing the total number of annulled G1 decisions (34) by the total number of appealed G1 decisions (72). In addition, the appeal rate across all LSI for example for G1 and LSI = 1, is (3/72) = 0.042. Accordingly, the appeal rate for each LSI across all groups for example for LSI = 1, is (3/4) = 0.75 (where 4 is the total number of appealed decisions across all groups with LSI = 1). Also, note that the number of appealed decisions does not include appealed decisions which are still in progress. Hence, for G1 and LSI = 2 there are 65 appealed decisions instead of 63 but 2 appealed decisions are still in progress so are not included here. For G1 and LSI = 3, there are 5 appealed decisions instead of 4 but 1 appealed decision is still in progress so is not included here. For G1 and LSI = 6, there are 3 appealed decisions instead of 2 but 1 appealed decision is still in progress so is not included here. For G2 and LSI = 2, there is 1 appealed decision instead of 0 but this appealed decision is still in progress so is not included here. For G3 and LSI =  1, there are 2 appealed decisions instead of 1 but 1 appealed decision is still in progress so is not included here. For G4 and LSI = 4, there are 5 appealed decisions instead of 4 but 1 appealed decision is still in progress so is not included here. For G4 and LSI = 6, there are 4 appealed decisions instead of 3 but 1 appealed decision is still in progress so is not included here.

Close
This Feature Is Available To Subscribers Only

Sign In or Create an Account

Close

This PDF is available to Subscribers Only

View Article Abstract & Purchase Options

For full access to this pdf, sign in to an existing account, or purchase an annual subscription.

Close