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The Admissibility of Expert Testimony

Issues in Competition Law and Policy, 2008

17 Pages Posted: 13 Jan 2007 Last revised: 5 Jan 2010

Gregory J. Werden

U.S. Department of Justice - Antitrust Division

Date Written: 2008

Abstract

The Federal Rules of Evidence and controlling Supreme Court precedents make expert economic testimony in antitrust cases inadmissible unless: (1) the witness is expert in relevant aspects of economics; (2) the testimony is well grounded in those aspects of economics; and (3) the testimony applies the tools of economics to the facts of the case. This chapter explains how these principles have been and should be applied. This chapter argues that strict application of these principles improves the quality and clarity of economic testimony in antitrust cases, increases the sophistication of the discourse in antitrust litigation, and enhances the accuracy of judge and jury decisions.

Keywords: Daubert, expert testimony

JEL Classification: K21, L40

Suggested Citation

Werden, Gregory J., The Admissibility of Expert Testimony (2008). Issues in Competition Law and Policy, 2008. Available at SSRN: https://ssrn.com/abstract=956397

Gregory J. Werden (Contact Author)

U.S. Department of Justice - Antitrust Division ( email )

450 Fifth Street, NW
9th Floor
Washington, DC 20530
United States
202-307-6366 (Phone)

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