Empirical Methods in Antitrust Litigation: Review and Critique

Authors

Jonathan BakerFollow
Daniel Rubinfeld, University of California, Berkeley

Document Type

Article

Publication Date

1-1-1999

Volume

1

Issue

1

First Page

386

Last Page

435

Abstract

The use of empirical methods in antitrust has been growing at an exponential rate. It is now commonplace for multiple regression and other statistical methods to be utilized in merger cases, especially those involving predictions of the price increases that may result from the strategic decisions of the merging firms. These methods are also prominently employed in civil nonmerger investigations by the federal antitrust enforcement agencies (including price fixing, monopolization, and exclusive dealing cases) and in private litigation (including damage claims and class action suits). This article surveys the methodologies that have been used and the range of questions that they address. It also provides a critical examination of the growing set of statistical tools that are available for use in antitrust analysis.

Recommended Citation

Jonathan Baker & Daniel Rubinfeld, Empirical Methods in Antitrust Litigation: Review and Critique, 1 American Law and Economics Review 386 (1999).
Available at: https://digitalcommons.wcl.american.edu/facsch_lawrev/1921