Economic evidence in competition law and the future of the “more economic” approach

A one-day conference organised by

UCL Centre for Law, Economics & Society and University of Groningen Faculty of Law

Supported by

About this event

This conference will focus on a systematic analysis of the role of economic evidence in competition law proceedings. We will explore the way in which economic evidence has been used and has been assessed by courts and competition authorities, and how the increased role of economic evidence influences the functioning of institutions (both NCAs as well as national and European courts).

The increasing impact of economics on competition law is well documented. The main tenets and principles of competition law have witnessed a profound transformation following the systematic recourse to economics as an external source of authority. More than in any other field of law, competition law is intrinsically linked with the discipline of economics, as this is shown by the frequent references to economic concepts and the methodology of competition and regulatory authorities, the case law of the courts and the expanding soft law relating to the interpretation of the competition law and regulatory statutes. The increasing importance of private enforcement for competition law violations in national courts raises also important questions of proof and evaluation of damages.

While legal practitioners increasingly cooperate with economists in the preparation and assessment of competition law cases, judges and competition authorities are required to assess and weigh economic and econometric evidence drafted by (forensic) economists. Moreover, competition authorities have developed soft law guidelines discussing “best practices” for the submission and assessment of economic evidence in administrative and judicial proceedings. Hence, all actors in competition law practice are profoundly affected by the increasing and often pivotal role of economics in competition law.

At this conference, the transformative impact of economic analysis both on the law as such – in particular the rules of evidence, standard of proof, and causation – and legal institutions will be analysed by speakers who are global leaders in competition law and economics, and come from the Court of Justice and the General Court of the European Union, national courts, national competition authorities, the European Commission, practice, and academia.

Conference themes and learning outcomes at a glance:

• Economic evidence and the legal standard of proof
• The transformation of institutions and procedures for a “more economics” oriented competition law enforcement: successes and failures?
• Admissibility and assessment of economic evidence by courts and competition authorities: theory and practice
• Causation, evaluation of damages and the passing on of overcharges
• The future of the ‘more economic’ approach in competition law enforcement in Europe

Confirmed speakers

• Jean-Francois Bellis, Van Bael & Bellis
• Cristina Caffarra, CRA
• Arndt Christiansen, Bundeskartellamt, Bonn
• Peter Davis, Cornerstone Research
• Miguel de la Mano, Compass Lexecon
• Judge Jaap de Wildt, District Court Rotterdam
• Eric Gippini Fournier, Legal Service, European Commission
• Judge Peter Freeman, United Kingdom Competition Appeal Tribunal
• Damien Geradin, University of Tilburg / University College London / Euclid Law
• Paul Hitchings, Cuatrecasas, Madrid
• Andriani Kalintiri, London School of Economics / University College London
• Kai-Uwe Kühn, University of East Anglia, Charles Rivers Associates, London, former Chief Economist DG COMP
• Ioannis Lianos, University College London
• Justin Lindeboom, University of Groningen
• Deni Mantzari, University of Reading
• Gunnar Niels, Oxera
• Annalies Outhuijse, University of Groningen
• Jorge Padilla, Compass Lexecon
• Maarten Pieter Schinkel, University of Amsterdam
• Erik Pijnacker Hordijk, De Brauw Blackstone Westbroek
• Judge Miro Prek, General Court of the EU
• Till Schreiber, CDC
• Jarig van Sinderen, Netherlands Authority for Consumers and Markets, The Hague
• Hans Vedder, University of Groningen & substitute judge at the Court of Appeal Leeuwarden
• Christina Volpin, Queen Mary University London
• Mike Walker, Competition and Markets Authority, London
• Wouter Wils, European Commission/King’s College London
• Anne C. Witt, University of Leicester

See the full programme

The Programme:

09:00 – Welcome and Opening remarks

09:15 – Panel 1: 
Economic evidence and the legal standard of proof

Chair-discussant: Annalies Outhuijse, University of Groningen

Introductory speaker: Andriani Kalintiri, London School of Economics / University College London

Panel:

10:45 Break

11:00 – Panel 2: 
The transformation of institutions and procedures for a “more economics” oriented competition law enforcement: successes and failures?

Chair-discussant: Justin Lindeboom, University of Groningen

Keynote speaker: Judge Miro Prek, General Court of the EU

Panel:

12:30 Lunch

13:30 – Panel 3:
Admissibility and assessment of economic evidence by courts and competition authorities: theory and practice

Chair-discussant: Judge Miro Prek, General Court of the EU

Introductory speaker: Ioannis Lianos, University College London

Panel:

15:00 Break

15:30 – Panel 4:
Causation, evaluation of damages and the passing on of overcharges

Chair-discussant: Hans Vedder, University of Groningen & substitute judge at the Court of Appeal Leeuwarden

Introductory speaker: Paul Hitchings, Cuatrecasas, Madrid

Panel:

17:00 – Panel 5:
Roundtable discussion: The future of the ‘more economic’ approach in competition law enforcement in Europe

Chair-discussant: Ioannis Lianos, University College London

Panel:

18:30 Closing remarks and Drinks Reception

• Eric Gippini Fournier, Legal Service, European Commission
• Christina Volpin, Queen Mary University London
• Damien Geradin, University of Tilburg / University College London / Euclid Law
• Jorge Padilla, Compass Lexecon
• Erik Pijnacker Hordijk, De Brauw Blackstone Westbroek
• Jean-Francois Bellis, Van Bael & Bellis
• Deni Mantzari, University of Reading
• Mike Walker, Competition and Markets Authority, London
• Wouter Wils, European Commission/King’s College London
• Anne C. Witt, University of Leicester
• Arndt Christiansen, Bundeskartellamt, Bonn
• Judge Jaap de Wildt, District Court Rotterdam
• Kai-Uwe Kühn, University of East Anglia, Charles Rivers Associates, London, former Chief Economist DG COMP
• Judge Peter Freeman, United Kingdom Competition Appeal Tribunal
• Jarig van Sinderen, Netherlands Authority for Consumers and Markets, The Hague
• Maarten Pieter Schinkel, University of Amsterdam
• Cristina Caffarra, CRA
• Peter Davis, Cornerstone Research
• Gunnar Niels, Oxera
• Till Schreiber, CDC
• Jean-Francois Bellis, Van Bael & Bellis
• Cristina Caffarra, CRA
• Miguel de la Mano, Compass Lexecon
• Damien Geradin, University of Tilburg / University College London / Euclid Law
• Kai-Uwe Kühn, University of East Anglia, CRA, London, former Chief Economist DG COMP
• Judge Miro Prek, General Court of the EU
• Wouter Wils, European Commission/King’s College London

18:30 Closing remarks and Drinks Reception