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Evaluating Evidence in Antitrust Matters: 10 quick rules

Evaluating Evidence in Antitrust Matters: 10 quick rules. ICN Merger Working Group Workshop March 10-11, 2009 Taipei. Planning . As part of your investigative plan, you need to determine: - types of evidence needed - likely sources - method of gathering evidence.

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Evaluating Evidence in Antitrust Matters: 10 quick rules

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  1. Evaluating Evidence in Antitrust Matters: 10 quick rules ICN Merger Working Group Workshop March 10-11, 2009 Taipei

  2. Planning • As part of your investigative plan, you need to determine: - types of evidence needed - likely sources - method of gathering evidence

  3. Reliability of the evidence • Evidence should be tested • Authentic documents • Credibility of witnesses • Have a basis for opinions given • Keep a healthy skepticism

  4. Three basic considerations • Who said it – the source of the evidence • When and where they said it – the circumstances of the evidence • How do you interpret the evidence

  5. Who said it #1 Witnesses are most reliable when they have personal knowledge of the facts based on their own experience

  6. Who said it #2 Parties and competitors: handle with care

  7. Who said it #3 For opinions and the big picture, the higher in the company the better. For facts, the lower in the company the better

  8. Who said it #4 Ask whether the witnesses are qualified to offer opinion evidence

  9. When and where #5 Statements are more reliable when companies rely on their accuracy

  10. When and where #6 Pre-existing documents are more reliable than present testimony

  11. Interpreting the evidence #7 Actions speak louder than words

  12. Interpreting the evidence #8 So do inactions: the dog that did not bark

  13. Interpreting the evidence #9 Determine whether a witness’s experience is representative of others

  14. Interpreting the evidence #10 Take the bitter and the sweet

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