The [other side] always gets things wrong; if only the [other side] could make fewer mistakes, or be more trustworthy, or more open, then everything would move along more easily.

This is a common feeling among those who work on competition cases (and pretty much anthing else). Though the definition of the [other side] will of course vary depending on who [my own side] is.

This is a short introduction to (hopefully) a series of posts on what those mistakes are, which side (if any) makes them the most and why, and how (hopefully) they can be avoided.

In real life, it’s more complicated than “us” and “them”. A private practice lawyer has duties to the client and to the law firm, and is also bound by ethics rules. A Commission case team has duties to the law (via the staff regulations), to the Commission, and is also bound by instructions given by Commission hierarchy.

So the proximate executor of the mistake may not always be the ultimate cause.

And with that, please pass along to the first post in the series: playing the man, not the ball.