This post sets out one way to analyse evidence in cartel cases. It is probably of most interest to people in competition authorities but may also be of interest to anyone who has to put a complex story together from many pieces of evidence. There are certainly ways this can be improved, and completely different – and likely better – ways to do this, but this is the best I know so far. This approach works well for three distinct steps of handling a cartel case: the investigative stage where you need to analyse, summarise and further investigate the evidence; the review stage where you need to look at the evidence, check for consistency, gaps so on; and the writing […]
From Competition Bulletin: Asset acquisitions revisited “Earlier this year, I suggested that the law on when an asset acquisition might amount to a merger was somewhat opaque. The Court of Appeal’s decision in Eurotunnel II [2015] EWCA Civ 487 has brought some additional clarity, although the messy procedural history of that case has caused its own problems. A quick re-cap on […]” This is Commentary Elsewhere, from writers around the web. Please note the explanation of this section on the “About the Site” page.
From CPI RSS: Monopolization and abuse of dominance: Why Europe is different “The U.S. law of monopolization and the EU law of abuse of dominance share some common ground. The projects for convergence, however, have tended to obscure some basic differences. Each set of laws grows from its own roots and lives in its own “house” of institutions and value sets. Convergence is more apparent at the agency level, while distinctiveness is unmistakable at the level of the highest court of each jurisdiction. More than 25 years ago, there was a significant gap at the high court level between the U.S. and the EU law governing dominance. Over this quarter century, EU law has moved toward more appreciation of outcome-focused […]
From Journal of Competition Law and Economics – Advance Access: THE DETERRENT AND ENUNCIATING EFFECTS OF CONSENT DECREES “” This is Commentary Elsewhere, from writers around the web. Please note the explanation of this section on the “About the Site” page.