Digital economy businesses challenge competition law judges

Author: Karry Lai | Published: 12 Dec 2018

The role of specialist courts as well as considerations relating to evidence submissions in complex competition cases, are become more challenging in the context of the digital economy.

Judges from a number of jurisdictions shared their experiences in adjudicating competition cases during the first international conference held by the Hong Kong Competition Commission last week.

Efficiency and predictability are some of the arguments put forward in support of a specialist court but a judge that handles a broad range of cases in a generalist court is able to have a broader perspective.

"The advantage of generalist courts is that the judges have a broad docket and are constantly engaged with new ideas," said judge Denise Cote, US District Court for the Southern District of New York. Another parameter to judge whether a specialist court should be used is predictability because, according to Cote, a specialist court is expected to give...