UK Competition Disputes Face Growing Tension Over Economic Evidence

A new report from Cornerstone Research, titled Quantum mechanics: The evolving role of economic evidence in UK competition disputes, reveals a widening gap between judicial expectations and the inherent complexity of modern legal battles. Drawing on insights from top-tier firms including Freshfields, Linklaters, and Slaughter and May, the analysis highlights that the Tribunal now demands shorter, more accessible reports without sacrificing the depth of economic modeling.

Liam Colley, senior vice president at Cornerstone Research, noted that the stakes have shifted dramatically. Where £1 billion cases were once considered exceptional, claims now regularly reach the £14 billion mark. This expansion forces economists to balance rigorous methodology with the Tribunal’s increasing insistence on practical, grounded analysis. The CAT’s Practice Direction 2/2025 serves as a clear signal that the era of abstract, overly dense expert testimony is ending, with the court now prioritizing independence and proportionality over technical complexity.

Despite the push for efficiency, the report suggests there are no shortcuts. Experts must navigate a landscape where they are expected to explain intricate commercial realities with absolute transparency. This evolving environment is reshaping the expert market, placing a premium on communication skills and judgment alongside traditional technical expertise. As the demand for sophisticated testimony grows, firms are now facing the added pressure of cultivating a new generation of economists capable of meeting the Tribunal’s heightened standards.