Barriers to Entry: On Evidence in Competition Law Arbitration

By Alexandra K. Theobald

Arbitrating competition law claims poses unique evidentiary challenges, but may nevertheless be advantageous from a confidentiality perspective. This article analyzes who is likely to possess relevant documents and information related to competition law claims, and considers how parties might obtain such evidence in arbitration. This is contrasted to mechanisms that would potentially be available in court litigation. While most relevant evidence will likely either be pu