Workshop Recap & Closing
Markus H. Meier
Assistant Director
African Competition Forum
March 26, 2013
Steps in Conducting an Investigation
1. Develop a theory of the case.
2. Identify sources of information.
3. Interview witnesses.
4. Request documents and data.
5. Organize and assess the evidence.
6. Determine whether there is a violation of law.
Is There a Violation of the Law?
The Law
Elements of
Proof
Facts
Investigative Techniques for
Finding the Facts
Major Categories of Violation
1. Agreements in Restraint of Trade
2. Monopolization (Single-Firm Conduct)
3. Mergers and Acquisitions
Purpose of Investigation:
Find Facts to Prove or Disprove
the Theory of the Case
Elements
Facts
1. Dominant Position
???
2. Conduct to Acquire or Maintain
???
3. No Legitimate Business Justification ???
4. Anticompetitive Effects
???
The
Investigative
Process
Develop a Theory
Analyze the Evidence
Interview Witnesses
Identify Sources
Request Documents
Competition Law Guidelines
1. You’re gouging on price if you charge more than
the rest.
2. But it’s predatory pricing if you charge less.
3. Don’t charge the same as your rivalry, for
that would be a price-fixing conspiracy.
4. Compete. But not too much, you see,
for then the entire market would be yours, and
that’s monopoly!
Adapted from Richard W. Grant, The Incredible Bread
Machine, p. 174 (1974).
Thanks & Good Luck!
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