13 Expert Evidence

Abstract

This chapter examines the use of expert evidence, and more specifically the role of economic experts and economic analysis, in competition-related litigation. It first provides an overview of the duties and responsibilities of experts, focusing on how expert evidence differs from factual evidence, issues addressed by expert evidence, the rules that apply to the production of expert evidence in the High Court and in the Competition Appeal Tribunal (CAT), and conflict of interest involving experts. The chapter then presents a practical guide to the use of experts in the course of competition litigation, covering the requirements of the relevant CAT Rules and Civil Procedure Rules 1998 (CPR), from instructing an expert to the submission of the formal written report, discussions between experts and joint statements after service of reports, and hearing of expert evidence at trial. Statutory provisions regarding concurrent expert evidence or ‘hot tubbing’ are also considered.