Expert procedures and opportunities related with trial of antitrust cases

Abstract

The procedure (characteristics and stages) of engaging experts at different investigation (case consideration) phases is analyzed as part of FAS control-and-supervision efforts. The author proposes classification and types of expert examination performed by various expert entities considering antimonopoly cases. The balance between types of expert examinations and subject areas of antimonopoly regulation is determined. Motives of expert examination deviations during judicial procedures are given. The paper contains a summary of statistical analysis of judicial cases on competition law, where experts had to be engaged in 2010-2016. Changes in the case structure with engaging experts on the types of the law that falls under FAS competence, is shown. Information about judicial cases statistics is of special interest, in particular, on the cases won by the antimonopoly body or an economic entity depending on the party that provides an expert opinion. An analysis of the materials on the cases related to FAS work considered within the system of Arbitration Courts, allows to systematize and formulate a potential range of expert and analytical tasks, which can be given to experts (expert organizations) depending on the subject of case for judicial proceedings.