Mariateresa Maggiolino

The proof of economic facts

  • Abstract

Informations and abstract

Keywords: Evidence Law; Antitrust Law; Economics.

Economics may cross the business threshold and come into a courtroom on many occasions. The "allegations to be proven" may describe complex phenomena regarding market functioning and business conduct. The "evidence proffered" may result from experts' analyses of data about market features and firms' performance. The "probative value" of some pieces of evidence, "counterfactuals", "rebuttable" "presumptions", and even the conception of what is "plausible" may all mirror the way in which economics narrates and portrays business interactions. In essence, the interface between some pieces of law, such as antitrust law, and economics does not end with policy and interpretative choices, though it may depend on them. It also includes a factual component surfacing in the courtroom, when jurists have to deal with facts. Thus, the chapter discusses whether and how economics affects the truth-seeking activity of antitrust fact-finders.

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