Evaluating Evidence in Antitrust Matters: 10 quick rules

1. Evaluating Evidence in Antitrust Matters: 10 quick rules ICN Merger Working Group Workshop March 10-11, 2009 Taipei

2. Planning • As part of your investigative plan, you need to determine: - types of evidence needed - likely sources - method of gathering evidence

3. Reliability of the evidence • Evidence should be tested • Authentic documents • Credibility of witnesses • Have a basis for opinions given • Keep a healthy skepticism

4. Three basic considerations • Who said it – the source of the evidence • When and where they said it – the circumstances of the evidence • How do you interpret the evidence

5. Who said it #1 Witnesses are most reliable when they have personal knowledge of the facts based on their own experience

6. Who said it #2 Parties and competitors: handle with care

7. Who said it #3 For opinions and the big picture, the higher in the company the better. For facts, the lower in the company the better

8. Who said it #4 Ask whether the witnesses are qualified to offer opinion evidence

9. When and where #5 Statements are more reliable when companies rely on their accuracy

10. When and where #6 Pre-existing documents are more reliable than present testimony

11. Interpreting the evidence #7 Actions speak louder than words

12. Interpreting the evidence #8 So do inactions: the dog that did not bark

13. Interpreting the evidence #9 Determine whether a witness’s experience is representative of others

14. Interpreting the evidence #10 Take the bitter and the sweet