Back to Basics: the (Over)Use of Economic Models in Antitrust

, New York Law Journal

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In their Antitrust Trade and Practice column, Neal R. Stoll and Shepard Goldfein, partners at Skadden, Arps, Slate, Meagher & Flom, write: Throughout the customary antitrust investigation, and especially at trial, the economists' expert opinions and the economic theories and models that buttress the competing opinions take center stage. However, even for counsel who are experienced in the practice of antitrust jurisprudence, an economist's expert opinion is oftentimes convoluted or difficult to follow, a problem compounded by the overwhelming menu of economic suppositions and schools of ideology on which economists base their opinions.

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