8 December 2023 | 10.00-13.00 CETParis, France
THE 2023 OECD GLOBAL FORUM ON COMPETITION WILL DISCUSS THE USE OF ECONOMIC EVIDENCE IN CARTEL CASES
Across the world, cartel conduct is prohibited per se or by object, without the need to prove their anti-competitive effects or their actual implementation. Prohibitions on cartel conduct apply not only to explicit agreements but encompass a range of other concerted practices where parties have reached a so-called “meeting of the minds”. Cartel cases raise many issues regarding evidence, especially economic evidence.
In December 2023, the OECD Global Forum on Competition discussed the topic also in two parallel breakout sessions.
Key takeways include:
- Agencies of all sizes and levels of experience are establishing specialised teams focused on economic evidence gathering.
- Economic evidence can be useful through the entire process of a cartel enforcement case. This includes detecting the cartel, proving the infringement, and calculating the punishment.
- Economic evidence is only persuasive to judges and decision makers when it is presented well and recognises that lawyers are not usually trained in economics.
Global Forum home page
From Globalisation to Regionalisation
Alternatives to leniency programmes
Ex-post assessment of merger remedies
See also the full list of OECD best practice roundtables on competition
Chair of the session: Babatunde Irukera Bio
Executive Vice-Chairman/Chief Executive Officer, Nigerian Federal Competition and Consumer Protection Commission
Tina Søreide Bio
Director General, Norwegian Competition Authority
Breakout session 1 : Use of Economic Evidence in Cartel Cases on how can competition agencies use economic evidence in their enforcement work
- Moderator: K.C. Chan Bio
Member, Competition Commission, Hong Kong, China ; Adjunct Professor Hong Kong University of Science and Technology (HKUST)
- Speaker: Simon Roberts Bio
Professor, Centre for Competition, Regulation and Economic Development, University of Johannesburg
|Breakout Session 2: Use of Economic Evidence in Cartel Cases on how can competition authorities effectively communicate economic evidence in court and to non-experts
- Moderator: Kabir Ahmed Sidhu Bio
Chairman, Competition Commission of Pakistan
- Speakers :
- Cristina Camacho
Head of Cabinet and Head of International Relations, Portuguese Competition Authority
- John Davies Bio
Member, UK Competition Appeal Tribunal
Call for contributions
Issues Note by the Secretariat
Summary of contributions
Economic analysis and evidence in abuse cases, 2021
Economic analysis in merger investigations, 2020
Presenting Complex Economic Theories to Judges, 2008
OECD Competition Youtube channel
Global Forum website
Full list of Competition Policy Roundtables