Advocate Economists and the Competition Appeal Tribunal

In December last year, we drew Members' attention to the Competition Appeal Tribunal's new Practice Direction on Expert Evidence. The Practice Direction sets out the principles applicable to expert evidence in the Tribunal, including general principles applicable to the evidence of any expert, as well as certain specific principles applicable to economic evidence. 

At a recent Frontier Economics Litigation event, the President of the Competition Appeal Tribunal, The Honourable Mrs Justice Bacon, warned that advocate economists, or economists who ignore obvious analytical points adverse to their client, were not helpful to the Tribunal and self-defeating for the expert. The Tribunal wanted to see a warts and all discussion rather than an overly santisied 'Disneyfied' version that provides an attractive but uncompelling picture of reality. She also criticised that 'elephantine' size of economist reports, noting that the new Pratice Direction introduced page limits for expert reports at certification stage. 

The Practice Direction signalled greater scrutiny of the independence and objectivity of economist evidence as well as its volume and scope. Noting that the Practice Direction makes clear that lawyers should not seek to influence the content of expert reports, she indicated that in the future, the Tribunal may order experts to discuss and prepapre joint reports without any contact with the legal teams. 

You can read Mrs Justice Bacon's opening address at 26-05-20 Frontier competition litigation opening address.pdf or more in the Law Gazette article, CAT president warns economists against 'Disneyfied' modelling.