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Mastering Evidence Evaluation in Antitrust Cases

Delve into 10 essential rules for assessing evidence in antitrust matters at the ICN Merger Working Group workshop. Learn how to identify reliable sources, test evidence credibility, and interpret statements effectively. Gain insights on witness reliability, source authenticity, and the importance of skepticism in investigations.

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Mastering Evidence Evaluation in Antitrust Cases

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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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