Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

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Friday, May 10, 2013

Evidence in Competition Law Proceedings: A Comparative Perspective

Posted by D. Daniel Sokol

UCL Centre for Law, Economics and Society

Annual Competition Law in Context Conference on

Evidence in Competition Law Proceedings: A Comparative Perspective

Wednesday 5 June 2013 at the UCL Faculty of Laws

About the conference: The CLES Annual Competition Law in Context conference series aims to examine issues that are crucial for competition law enforcement, yet remaining largely unexplored. This year's conference will examine the topic of Competition Law Evidence. While competition litigation is like other litigation in many ways, it also is unique in other respects. The recourse to economic evidence in competition law over the last decades in Europe and in the US constitutes an important challenge to competition law enforcement. In Europe, starting with merger control in the early 1990s and moving slowly but steadily in the area of antitrust in the late 2000s, economic evidence has become an essential ingredient of a successful competition law case, either at the level of authorities or courts. The increasing importance of private enforcement for competition law violations in national courts also raises important questions of proof (e.g. causation) and evaluation of damages. The legal system has taken stock of the challenges presented by economic evidence and has intervened to regulate the way this evidence is assessed. The conference will examine the way competition law evidence is collected and assessed by competition authorities in Europe and in the US and the increasing role of the judiciary in this context. We will discuss practical issues relating to the standard of proof, the differences between adversarial and inquisitorial processes, the limits to evidence gathering set by the Legal Professional Privilege, the Privilege Against Self-Incrimination and rights of defense in general. The conference will shed light to an unexplored but fascinating area of law enforcement. The speakers, global leaders in this field of law, come from the judiciary, competition authorities, academia and practice.

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