In close cooperation with the Supreme Courts of El Salvador, UNCTAD has organized a National workshop for Judges and Prosecutors.
The National Workshop for Judges falls within UNCTAD's COMPAL Programme and its framework of institutional capacity building for effective competition law and policy enforcement for Latin America.
Given the importance of securing an effective judicial review in El Salvador, the training workshops will be focusing on standard of proof needed in competition cases. Therefore, attention will be given to the use of economic evidence in competition cases as well as the legal nature and limitations of dawn-raids. In this regard, the use of economic evidence as a standard of proof has become increasingly important in the recent years as competition law enforcement has evolved. Explicit evidence of wrongdoing is often lacking in competition cases. It can thus be difficult for courts to furnish proof.
The principal objective is to familiarize High-Court and Supreme Court judges with both the economics underpinning national competition laws and how this combines with the legal approach to enforcing competition policy in order to promote smooth and effective enforcement of competition legislation in line with competition policy objectives in their respective countries.
Experts drawn from a judicial, academic and competition enforcement background from Colombia, Spain and UNCTAD will conduct the training (detailed information about the experts can be found in the attached work programmes in Spanish version). The Experts will guide the sessions, but discussions are encouraged and participants are free to express their opinions and raise case specific issues.
The expected outcomes of the workshops include:
- Better understanding of how the economic evidence should be handled in assessing competition cases.
- A detailed analysis of the implications, scope and limits of the "search warrant" that are normally issued by the judge to the Competition Authority in accordance to its investigative powers.
Participants: Judges, Prosecutors and advisers to Judges and Chambers of the National Courts of Costa Rica, El Salvador and Nicaragua.
The participants will work in small groups of about 6 persons formed on the basis of self- election and a cross- mix of participants. The course will begin with a session that will address theoretical issues and then discuss real - life and theoretical cases intended to illustrate and clarify issues under each of the six topics outlined above. Each participant will be provided with:
• Training materials, including the UNCTAD training module on competition enforcement
• Basic principles on the independence of the judiciary. UN General Assembly of resolutions 40/32 of 21 November 1985, and 40/146 of 13 December 1985
• Competition case studies drawn from developed and developing countries
• A compendium of national competition laws and other laws relevant to competition
• UNCTAD Model Law on Competition
• Lecture notes and PowerPoint presentations by all the experts
• Biographical data of each participant and expert
· Juan Luis Crucelegui. Deputy Head. Competition and Consumer Policies Branch, DITC
· Pierre Horna, Officer in Charge of the COMPAL Programme, Competition and Consumer Policies Branch, DITC