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The extent of individual accountability for cartel conduct in the United States, as elsewhere, may be more limited than some might have one believe. The chances are that individuals responsible [...]

(Author abstract) This article is the first in a series of two articles to be published in this journal concerning the role played by industry evidence in establishing the existence of a market for the purposes of Pt. IV of the Trade Practices Act 1974 (Cth). This first article addresses the sources and forms of such evidence and in the sevond article (to be published in the June issue), the use that has been made of industry evidence by courts in defining markets is examined. These articles provide detailed guidance for practitioners and courts in dealing with a crucial category of evidence relating to an important issue in Pt. IV proceedings. In particular, the range of evidentiary and coneptual issues involved in its use that have not hitherto been the subject of any close analysis are identified and discussed. In this first article, it is argued that business records of the industry adduced in evidence need to be examined with care so as to ensure that inferences drawn about contraints on the behaviour of firms in the marketplace are as accurate as possible.