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Private antitrust litigation often involves a dominant firm being accused of exclusionary conduct by a smaller rival. In such cases, the defendant generally has a much larger financial stake in the outcome. We explore the implications of this asymmetry in a model of litigation with endogenous...
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We provide a simple framework in which the level of adversarial bias is endogenously determined in a litigation process. Using this model, we study the effect of using a court-appointed expert on the level of adversarial bias and the average error rates, and find an interesting trade-off:...
Persistent link: https://www.econbiz.de/10012912049
Concerned about evidence distortion arising from litigants' strong incentive to misrepresent information to fact-finders, legal scholars and commentators have long suggested that the court appoint its own advisor for a neutral piece of information about the dispute. This paper studies the...
Persistent link: https://www.econbiz.de/10012936172
willing to consult an expert even when the judge is reluctant to appoint her own experts due to high costs. On the other hand …
Persistent link: https://www.econbiz.de/10012936278
Complex wage and hour litigation often involves an enormous amount of time records, payroll data, and other related information. Sorting and analyzing the mountain of data from numerous sources can be a colossal and convoluted task. To add to it, there may be gaps of missing employment...
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