Evaluating evidence in antitrust matters 10 quick rules
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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

Evaluating Evidence in Antitrust Matters: 10 quick rules

ICN Merger Working Group Workshop

March 10-11, 2009

Taipei


Planning
Planning

  • As part of your investigative plan, you need to determine:

    - types of evidence needed

    - likely sources

    - method of gathering evidence


Reliability of the evidence
Reliability of the evidence

  • Evidence should be tested

    • Authentic documents

    • Credibility of witnesses

    • Have a basis for opinions given

    • Keep a healthy skepticism


Three basic considerations
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


Who said it
Who said it

#1 Witnesses are most reliable when they have personal knowledge of the facts based on their own experience


Who said it1
Who said it

#2 Parties and competitors: handle with care


Who said it2
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


Who said it3
Who said it

#4 Ask whether the witnesses are qualified to offer opinion evidence


When and where
When and where

#5 Statements are more reliable when companies rely on their accuracy


When and where1
When and where

#6 Pre-existing documents are more reliable than present testimony


Interpreting the evidence
Interpreting the evidence

#7 Actions speak louder than words


Interpreting the evidence1
Interpreting the evidence

#8 So do inactions: the dog that did not bark


Interpreting the evidence2
Interpreting the evidence

#9 Determine whether a witness’s experience is representative of others


Interpreting the evidence3
Interpreting the evidence

#10 Take the bitter and the sweet


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