The increasing need in certain jurisdictions to engage in a “more economic” or an “effects-based” approach to establish competition law violations have raised the question of whether the standard of proof and the related evidentiary standard are set to a level which make it excessively difficult for competition authorities to prove their cases. But what has led to this widespread perception? Is there something that could or should be done?
In December 2024, the OECD held a best practice roundtable on "The standard and burden of proof in competition law cases" to explore the current policy landscape of the evidentiary elements for decision makers.
This page contains all session information and materials. A detailed summary of the discussion and an executive summary with key findings will be issued in 2025.
KEY TAKEAWAYS
- Evolving Standards: The increase of the evidentiary standards and how it affects the standard and the burden of proof were key points of discussion.
- Policy Challenges: Key policy challenges include increasingly demanding judicial reviews, the need to meet complex and sophisticated economic analyses, and the prevalence of indirect evidence.
- Adaptation and Balance: The need to ensure effective enforcement, to meet judicial expectations, and to guarantee procedural fairness require a balanced approach to the standard of proof and to the burden of proof.
