USE OF EXPERT ECONOMIC ASSISTANCE IN DEFENSE OF ANTITRUST CASES

Use of expert economic assistance in defense of an antitrust case, like use of expert assistance in defense of any other type of litigation, is a matter which rests fundamentally in the judgment of trial counsel. He is not concerned with framing a rational antitrust policy or guid ing enforcement activities in the antitrust field, but with the task of winning a lawsuit and achieving that result expeditiously and with a minimum of expense. His is a completely pragmatic view. What can an economist do for the case? What will it cost? Whom shall I employ? The answers to these questions depend, in turn, upon a few fundamentals which are of substantial significance in any overall appraisal of the role of economics in antitrust policy and practice, namely: