Scholarship (Affiliate)
Admissibility of economic evidence in competition cases
Competition Law Journal
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Abstract
Sir Marcus Smith, the past President of the Competition Appeal Tribunal, has criticized the way economists give evidence in competition cases. Namely, economists do not understand and adhere to the rules of evidence, and their use of statistical evidence differs from how lawyers and judges think about evidence. This article responds to these claims from the perspective of an economist expert witness and shows that the ‘interplanetary divide’ between lawyers and economists is not as stark as portrayed, but that there have emerged serious concerns about the way economists have given evidence in competition damages cases.
Read the full piece here.