Models on Trial: Antitrust Experts Face Daubert Challenges

Journal of Economic Methodology, 30 (4): 337-351. DOI: https://doi.org/10.1080/1350178X.2023.2267052.

31 Pages Posted: 23 Sep 2022 Last revised: 19 Dec 2023

Date Written: April 1, 2023

Abstract

Economists are often called upon as expert witnesses by the parties involved in
antitrust litigation. One challenge they may face in US federal courts is
compliance with the Daubert standard of admissibility of expert testimony. The
interplay between model applicability and the Daubert standard is analysed,
suggesting the importance of distinguishing between weak applicability claims,
those that state that a model’s critical assumptions are shared by the target, and
strong applicability claims, those that connect empirical models and quantitative
market features. Recent antitrust cases in which expert testimonies based on
economic models have been assessed following the Daubert standard are
examined using this framework. Some normative implications are drawn
concerning how to improve judges’ assessment of model-based arguments.

Keywords: models, antitrust, Daubert, model applicability, model selection, expert witness

JEL Classification: B41; K21; L41; L44

Suggested Citation

Peruzzi, Edoardo, Models on Trial: Antitrust Experts Face Daubert Challenges (April 1, 2023). Journal of Economic Methodology, 30 (4): 337-351. DOI: https://doi.org/10.1080/1350178X.2023.2267052. , Available at SSRN: https://ssrn.com/abstract=4213542 or http://dx.doi.org/10.2139/ssrn.4213542

Edoardo Peruzzi (Contact Author)

University of Siena ( email )

Via Banchi di Sotto, 55
Siena, 53100
Italy

HOME PAGE: http://https://phdeconomics.unisi.it/edoardo-peruzzi/

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