16 Oct EXPERT WITNESS TESTIMONY FOR ANTITRUST & COMPETITION LITIGATION CONSULTANT
Expert witness testimony for antitrust and competition litigation involves detailed economic, legal, and industry-specific issues. Testifying consulting leaders are tasked with helping courts understand these complexities. And of course the best expert witness testimony for antitrust can determine whether business practices violate antitrust laws such as the Sherman Act or the Clayton Act. Let’s look at primary types of work commonly used in such cases.
1. Economic Expert Testimony
Economists are typically central to litigation. Top expert witness testimony for antitrust work analyzes market definitions, competitive effects, pricing strategies, and consumer harm. In monopolization or merger cases, economic experts may use statistical and econometric models to assess market power or the likely competitive impact of a merger. SMEs who offer expert witness testimony for antitrust also evaluate whether alleged conduct had anticompetitive effects, such as reduced output, increased prices, or diminished innovation.
2. Industry Expert Testimony
And then industry experts provide insight into how a particular market or sector operates. Leaders’ expert witness testimony for antitrust helps the court understand technical processes, regulatory environments, or industry norms. For example, in a case involving pharmaceuticals, an expert with experience in drug development or FDA regulations might explain barriers to entry or patent strategies. Industry context is vital for assessing whether behavior was exclusionary or legitimate competition.
3. Accounting and Damages Expert Testimony
Accountants and financial SMEs may be brought in to provide expert witness testimony for antitrust and calculate damages caused by violations. Work typically includes lost profits, overcharges, or market value impacts. Advisors apply financial models and review company records to estimate how much harm the plaintiff suffered and whether the alleged antitrust conduct caused that harm.
4. Legal Expert Testimony (Limited Use)
While legal interpretation is ultimately the court’s domain, you may see expert witness testimony for antitrust providers in legal procedures or regulatory history who are asked to testify about antitrust enforcement trends, policy rationale, or historical legislative context. But such commentary is carefully limited to avoid infringing on the judge’s role.
All manner of expert witness testimony for antitrust matters serves a distinct purpose. Advisors help judges and juries address the technical, economic, and practical elements of competition cases, making their job indispensable to the fair and informed resolution of such disputes.
