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...