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Best Practices for Expert Economic Opinions - Key Element of Forensic Economics in Competition Law

Heike Schweitzer and Kai Hüschelrath (eds.): Public and Private Enforcement of Competition Law in Europe: Legal and Economic Perspectives, Physica Publishing, Heidelberg, Forthcoming

29 Pages Posted: 23 Jul 2013 Last revised: 27 Jul 2013

Arndt Christiansen

Bundeskartellamt - German Federal Cartel Office

Christian Ewald

Bundeskartellamt - German Federal Cartel Office

Date Written: July 22, 2013

Abstract

In recent years the importance of economics for competition law and policy has steadily increased. As a result, the issue of an effective integration of economics into competition law enforcement has gained prominence. This paper argues that the most relevant issues and challenges in this context are best encapsulated by the term forensic economics in competition law enforcement. Expert economic opinions constitute one specific input channel for forensic economics in competition law proceedings. In order to contribute effectively to better informed decisions, expert submissions, however, have to conform to certain minimum quality standards such as those laid down in the "Best Practices for expert economic opinions" issued by the Bundeskartellamt in October 2010. A comparative analysis of the Bundeskartellamt’s Best Practices reveals that they are broadly in line with similar guidance documents issued by competition authorities in other jurisdictions. Moreover, the court-based adversarial enforcement regime in the U.S. developed very similar principles governing the admissibility of expert testimony. Accordingly, there is a growing international consensus on minimum quality standards which should guide forensic economics in competition law enforcement in general. These can be summarized under two principles: relevance and reliability. Both are of equal importance.

Keywords: K21, K41, L40

JEL Classification: competition law, economic evidence, forensic economics, economic experts

Suggested Citation

Christiansen, Arndt and Ewald, Christian, Best Practices for Expert Economic Opinions - Key Element of Forensic Economics in Competition Law (July 22, 2013). Heike Schweitzer and Kai Hüschelrath (eds.): Public and Private Enforcement of Competition Law in Europe: Legal and Economic Perspectives, Physica Publishing, Heidelberg, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2296733

Arndt Christiansen (Contact Author)

Bundeskartellamt - German Federal Cartel Office ( email )

Kaiser-Friedrich-Straße 16
Bonn, 53111
Germany

HOME PAGE: http://www.bundeskartellamt.de/

Christian Ewald

Bundeskartellamt - German Federal Cartel Office ( email )

Kaiser-Friedrich-Straße 16
Bonn, 53111
Germany

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