Novel Theories Have No Place In The Courtroom

Law360, New York (May 24, 2012, 1:03 PM EDT) -- Nearly 80 percent of civil trials involve some form of expert testimony. Antitrust litigation is no exception, with economists being the most frequently sought-after expert witnesses. Over the past two decades, expertise in economics has become indispensable in antitrust cases to address dispositive factual issues such as defining the relevant market; determining whether the alleged monopolist possesses market power; or determining whether the actions taken by the defendant were an anti-competitive exercise of market power.

As antitrust cases grow more complex and economic science expands, courts...
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