Rejected! Antitrust Economists As Expert Witnesses in the Post-Daubert World

Nicola Giocoli, University of Pisa - Department of Law offers Rejected! Antitrust Economists As Expert Witnesses in the Post-Daubert World.

ABSTRACT: Economists regularly appear as expert witnesses in antitrust litigations. The paper analyzes how their models and methodologies have performed vis-à-vis the standards of relevance and reliability affirmed by the US Supreme Court in its 1993 Daubert decision. Some tentative explanations for the economists’ troubles when facing a Daubert challenge in antitrust cases are provided.