Survey research findings as a basis for court rulings concerning unfair competition

Date of publication: June 15, 1977

Abstract:

The paper discusses the use of survey research findings as evidence in law court proceedings, a subject that has become increasingly significant, particularly in law suits concerning unfair competition. This is an area where survey results play an important role in decision- making processes. Here we find the struggle between supporters and opponents of representative research, the difficulty of introducing new research techniques and getting them generally accepted, and the dispute whether representative results can endanger the decision maker's independence. Conflicting opinions between interested parties and independent researcher as to the validity of results exist more frequently than in other fields, and in a few cases results were obtained and used for tactical purposes rather than as a basis for decisions.

Wilhelm Schwarzenauer

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