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.

The Law Elements of Proof Facts Is There a Violation of the Law? 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 ???

Develop a Theory Interview Witnesses Analyze the EvidenceIdentify Sources Request Documents The Investigative Process

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!