Forensic Economics in Competition Law Enforcement

Journal of Competition Law and Economics, March 2008

Amsterdam Center for Law & Economics Working Paper No. 2007-05

43 Pages Posted: 3 Sep 2007 Last revised: 30 Mar 2011

Maarten Pieter Schinkel

University of Amsterdam - Amsterdam Center for Law & Economics (ACLE); Tinbergen Institute - Tinbergen Institute Amsterdam (TIA)

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Abstract

This paper delineates the specialty field of forensic IO as the application of theoretical and empirical industrial organization economics in the legal process of competition law enforcement. Four stages of that process which can benefit from forensic IO techniques are distinguished: detection and investigation; case development; decision making and litigation; and remedies, sanctions and damages. We survey the use of economics in such aspects as identifying potential forms of anticompetitive behaviour, screening markets for competition law violations, determining causality, advising on appropriate remedies and assessing antitrust damages. The paper discusses the role of expert economic witnesses in competition cases. It calls for an organization of forensic IO within the context of existing forensic institutes.

Keywords: forensics, antitrust, litigation, competition law

JEL Classification: K21, L44, K41, K42

Suggested Citation

Schinkel, Maarten Pieter, Forensic Economics in Competition Law Enforcement. Journal of Competition Law and Economics, March 2008; Amsterdam Center for Law & Economics Working Paper No. 2007-05. Available at SSRN: https://ssrn.com/abstract=1009573

Maarten Pieter Schinkel (Contact Author)

University of Amsterdam - Amsterdam Center for Law & Economics (ACLE) ( email )

Roetersstraat 11
1018 WB Amsterdam
Netherlands
+31 20 525 7132 (Phone)
+31 20 525 5318 (Fax)

Tinbergen Institute - Tinbergen Institute Amsterdam (TIA) ( email )

Gustav Mahlerplein 117
Amsterdam, 1082 MS
Netherlands

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