Turning Daubert on Its Head: Efforts to Banish Hypothesis Testing in Antitrust Class Actions

Antitrust, Vol. 30, No. 3, Spring 2016, pp. 53-59

7 Pages Posted: 10 Sep 2020

See all articles by Laila Haider

Laila Haider

Columbia University, Graduate School of Arts and Sciences, Department of Economics

John H. Johnson

Edgeworth Economics

Gregory K. Leonard

Charles River Associates

Date Written: 2016

Abstract

In recent cases, class action plaintiffs have sought to exclude statistical testing that can be useful for conducting the predominance inquiry required under the Federal Rules of Civil Procedure. The efforts to banish these methods are not only inconsistent with recent court decisions emphasizing the importance of rigorous analysis, but also seek to turn Daubert on its head. Statistical testing, such as the type plaintiffs have sought to exclude, is at the heart of the scientific method and is routinely used in scholarly economics empirical research.

Keywords: Antitrust, Class Actions, Econometrics

JEL Classification: L4

Suggested Citation

Haider, Laila and Johnson, John H. and Leonard, Gregory K., Turning Daubert on Its Head: Efforts to Banish Hypothesis Testing in Antitrust Class Actions (2016). Antitrust, Vol. 30, No. 3, Spring 2016, pp. 53-59, Available at SSRN: https://ssrn.com/abstract=3663515 or http://dx.doi.org/10.2139/ssrn.3663515

Laila Haider

Columbia University, Graduate School of Arts and Sciences, Department of Economics ( email )

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John H. Johnson

Edgeworth Economics ( email )

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Gregory K. Leonard (Contact Author)

Charles River Associates ( email )

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United States
510-595-2706 (Phone)

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