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Evidence in Competition Law Proceedings: A Comparative Perspective

UCL Faculty of Laws Events

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Evidence in Competition Law Proceedings: A Comparative...

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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.

Accreditation:
This conference is accredited with 6.5 CPD hours by the Solicitors Regulation Authority and the Bar Standards Board. Our course provider reference for the SRA is IU/UCL.

 


The Programme
09:00 Registration
09:25 Welcome
Dr Ioannis Lianos (Director, Centre for Law, Economics and Society)
09:30

Panel 1: Economic evidence and public enforcement of competition law
This panel will examine the issues raised by the use of economic evidence in the public enforcement of competition law in the EU (and some other jurisdictions). That includes the need for more adversarial approaches in assessing economic evidence, a critical analysis of the rules included in the best practices of the European Commission with regard to submissions of economic evidence and experiences in organizing the interaction between economists and lawyers within the competition authority. Some national experiences will also be discussed.

Chair: Ioannis Lianos (UCL)

Speakers:

  • Robert Stillman (CRA)
  • Katy Collyer (OFT)
  • Kai-Uwe Kuhn (European Commission) 
  • Howard Shelanski (US Federal Trade Commission) 
11:15 Break
11:45

Panel 2: How much is enough? Standard of proof and cogency of evidence in competition law
This panel will discuss issues relating to the standard of proof and cogency of evidence in EU competition law. The panelists will discuss the existence of different standards of proof with regard to various stages of competition law proceedings, the role of presumptions and inferences in competition law evidence and how evidence is assessed in practice. How quantitative and qualitative evidence interact in competition law litigation? Is it possible to assign an evidential weight to some types of evidence based on current practice? Do some types of evidence have more probative force than others in general?

Chair: Judge Douglas Ginsburg (DC Circuit, Court of Appeals)

Speakers:

  • David Bailey (Brick Court Chambers) 
  • Sir Christopher Bellamy (Linklaters)
  • Christian Ewald (Bundeskartellamt)
  • Ioannis Lianos (UCL) 
  • Nigel Parr (Ashurst) 
  • Tim Wu (Columbia Law School)
13:15 Lunch
14:15

Panel 3: Limitations to evidence gathering (e.g. Legal privileges)
This panel will explore how legal privileges (attorney-client privilege, privilege against self-incrimination) may apply in EU competition law (and US antitrust law), their interpretation in the jurisprudence of the EU courts and how they may be used to limit evidence gathering.

Chair: Ioannis Lianos (UCL)

Speakers:

  • Antonio Bavasso (Allen & Overy, UCL)
  • Cerry Darbon (Liberty Global Media) 
  • Marc Hansen (Latham & Watkins)
  • Paul Lasok (Monckton Chambers)
  • Florian Wagner von Papp (UCL) 
15:30 Break
15:50

Panel 4: Economic evidence and the judiciary
This panel will discuss the use of economic evidence in standalone and follow on damages cases, cases involving injunctions and nullity of anticompetitive agreements and the position of the courts in the context of judicial review cases. We will compare the modus operandi of various national courts (rules of procedure) and the issues raised by economic evidence in this context. An important part of the discussion will delve into the issue of the interaction between legal causation and economic causality, in particular addressing the interface between econometric conventions/economic methodology and the law of evidence as well as the real and the perceived limits set to judicial scrutiny by judicial review.

Chair: Judge Frederic Jenny (OECD, OFT, ESSEC, UCL)

Speakers:

  • Judge Douglas Ginsburg (DC Circuit, Court of Appeals) 
  • Herbert Hovenkamp (University of Iowa, School of Law)
  • Judge Frederic Jenny (OECD, OFT, ESSEC, UCL) 
  • Mr Justice Roth (Competition Appeal Tribunal) 
  • Nick Green QC (Brick Court Chambers)
17:30 General Discussion
18:00 Reception
19:00 Conference ends 
Do you have questions about Evidence in Competition Law Proceedings: A Comparative Perspective? Contact UCL Faculty of Laws Events
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Where


UCL Faculty of Laws - Graduate Wing
1-2 Endsleigh Street
WC1H 0EG London
United Kingdom


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UCL Faculty of Laws Events

For almost 200 years, UCL Laws has been one of the leading centres of legal education in the world. Its established reputation for cutting-edge legal research places it at the heart of policy, practice and impact. 

The Faculty offers an unmatched educational environment, producing high quality graduates able to confidently face the evolving challenges of the global legal landscape. 

The Faculty boasts 63 leading academics engaged in teaching and research at the very highest level - actively contributing to law-making, jurisprudence and legal policy on an international scale. 

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