ANTITRUST EXPERT WITNESSES: TESTIMONY AND TESTIFYING & CONSULTING SERVICES

Antitrust expert witnesses are critical in legal cases involving allegations of anti-competitive behavior, such as monopolization, price-fixing, market allocation, bid-rigging, and mergers that may harm competition. It’s no leap to recognize as well that the best antitrust expert witnesses help courts and regulatory agencies understand whether business practices violate laws like the Sherman Act, the Clayton Act, or the Federal Trade Commission Act. Depending on the complexity and focus of the case, different types of advisors get hired.

1. Economists
Among the most common advisors. Top antitrust expert witnesses here use economic theories and models to assess market structure, competition levels, pricing strategies, and consumer harm. Folks perform market definition analysis, determine whether a firm has market power, and estimate damages caused by anti-competitive conduct. Testimony is central in both class certification and liability phases of antitrust litigation.

2. Industry Experts
Leading antitrust expert witnesses provide in-depth knowledge of the specific market or industry involved in the case, such as healthcare, telecommunications, energy, or technology. SMEs help explain how the industry functions, typical business practices, and whether the conduct in question deviates from standard competitive behavior.

3. Forensic Accountants
In matters involving financial manipulation, overcharges, or profit allocation, forensic accountants are used as antitrust expert witnesses to trace and analyze financial records. They help quantify ill-gotten gains, measure damages, or assess whether financial transactions support claims of collusion or monopolistic conduct.

4. Data Scientists and Statisticians
Analyze large datasets to identify patterns, correlations, or anomalies that may support or refute antitrust allegations. For example, antitrust expert witnesses might look for pricing patterns consistent with collusion or conduct regression analysis to show harm to consumers.

5. Regulatory and Legal Experts
These specialists have experience in government regulation and antitrust enforcement. SMEs may be former DOJ or FTC officials or legal scholars who interpret how laws apply to the facts of a case, offering expert opinions on regulatory frameworks and enforcement trends.

Prominent antitrust expert witnesses come from varying fields and play different roles depending on the nature of the allegations. Their combined expertise helps courts evaluate whether business practices harmed competition, consumers, or markets.