Economic evidences in competition and IP law cases
On 9th April, Claudio Lombardi, research fellow at the HSE-Skolkovo International Laboratory for Law and Development, conducted a seminar on economic evidence in innovation sectors for the bachelor students of the HSE Faculty of Laws. The study was part of a seminar series leading up to a course on “Law, Economics and Society: Innovative approaches to legal analysis” to be commenced on coming September 2015.
From a general description of the use of economic tools in antitrust and IP litigation, the workshop shifted to the analysis of case law where these tools have been applied. It followed a discussion on the topic with students who reported similar cases analyzed during their studies.
Public Authorities and courts make large use of economic theories, quantitative methods and economic expert witnesses in delivering their decisions. In many antitrust and IP cases, econometric assessments are central evidences of the proceeding around which the decision maker has to base her interpretation of the relevant facts and rules. Embedding quantitative methods and economic theories into legal proceedings entails the solution of a number of additional problems for the decision maker, especially regarding the probative value of econometric evidences.
During the workshop, students have been confronted also with some of the paradoxes resulting from the application of class-based probability theories into legal lawsuits. In these cases, it was discussed the use of common sense by the judges, and students have responded with different views on the interpretation of the legal values that may influence these judgments.