Antitrust Law

Economics Experts in Antitrust Cases: Do Novel Theories Have a Place?

, The Legal Intelligencer


Antitrust law is implicitly drawn on economic ideas, and over the past half century, its reliance on economic theories has become increasingly intertwined. As antitrust cases continue to grow more complex, and as economic science expands, it begs the question: Is the courtroom an acceptable forum for establishing an antitrust expert's novel theories or methodologies? Daubert v. Merrell Dow Pharmaceuticals , 509 U.S. 579 (1993), its progeny, and noteworthy circuit court decisions addressing the admissibility or methodologies of experts in antitrust cases suggest not.

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