Journal of Competition Law and Economics, March 2008
43 Pages Posted: 3 Sep 2007 Last revised: 30 Mar 2011
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: 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