Economic Analysis in Criminal Antitrust Violations: A Review of Recent Matters Involving Expert Economist Testimony

CPI Antitrust Chronicle

04.30.2024

The use of economic analysis as a tool to assess issues in per se criminal antitrust violations has been a source of debate. On one hand, there have been questions as to whether economic testimony is relevant for the inquiry into the existence of a per se illegal agreement. However, while economics cannot measure the occurrence or existence of an illegal action, it can provide insight into potentially relevant questions. For example, economics can provide a statistical basis for analyzing circumstantial evidence on industry characteristics, or whether industry outcomes are consistent with collusion or competition.

Read more in this piece published in the April 2024 edition of the CPI Antitrust Chronicle.