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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...
Persistent link: https://www.econbiz.de/10012838366
Daubert challenges to economic experts. Finally, we present reasons for the absence of straightforward solutions to the … testimony from trial as ruled by the Daubert standard in the US. We introduce a simple framework to understand and assess the … choice, namely, whether to limit Daubert assessment to the abstract reliability of the methods used by the expert witness or …
Persistent link: https://www.econbiz.de/10014515197
antitrust dispute because experts testify about dispositive issues such as the competitive effect of a business practice or the …. But when antitrust judges are faced with the appearance of deadlock among economic experts, they are forced to either …
Persistent link: https://www.econbiz.de/10013114685
Economists regularly appear as expert witnesses in antitrust litigations. The paper analyzes how their models and … Daubert decision. Some tentative explanations for the economists' troubles when facing a Daubert challenge in antitrust cases …
Persistent link: https://www.econbiz.de/10012945840
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distinction recently was highlighted by the Supreme Court's 1993 decision in Daubert v. Merrell Dow Pharmaceuticals, which … transforming our approach to the treatment of testifying experts in antitrust cases. Evaluation of the admissibility of the expert … to be "relevant and reliable" under Daubert should more frequently prove to be impervious to the typical motion for …
Persistent link: https://www.econbiz.de/10014207453
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In a patent infringement suit, the alleged infringer wins with a ruling of either patent invalidity or non-infringement. It is ambiguous which of these outcomes is preferred by the alleged infringer. Invalidity may increase current-period competition, but simultaneously removes constraints to...
Persistent link: https://www.econbiz.de/10012867796
This post briefly discusses the decision of the EU General Court on Servier v. Commission (T‑691/14), the second "pay-for-delay" patent settlement case in the EU after the Lundbeck case. The 3 criteria upheld by the Court in order to determine whether the patent settlements at issue...
Persistent link: https://www.econbiz.de/10012849969
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