ABA’s ‘Trust and Trade’ – The Miseducation of Antitrust Courts - a discussion with Michael D. Hausfeld
Michael Hausfeld, Hausfeld’s Founder and Chair Emeritus, joins hosts Anant Raut and Travis Wheeler on the American Bar Association's Antitrust Law Section's 'Trust and Trade' podcast and the Section's Civil Practice and Procedure Committee to discuss the pressing issues with the increased use of economic experts in antitrust cases.
A recent trend in antitrust cases is an increased reliance on economic experts used in the courts. These experts produce economic analyses can sway favor for a specific case argument and have been difficult for non-specialists to follow. Recently, we can see a tendency of antitrust litigation being described as a “battle of the experts” where sometimes expert opinion can cancel each other out and leave the judges leaning towards non-economic evidence. This podcast examines whether judges have become too reliant on economic experts in antitrust cases and whether this trend is irreversible. The discussion also explores what a judge should do when confronting two opposing and scientifically sound economic conclusions.
You can listen to the ‘Trust and Trade’ podcast here.