Economic Analysis in Criminal Antitrust Violations: A Review of Recent Matters Involving Expert Economist Testimony

The use of economic analysis as a tool to assess issues in per se criminal antitrust violations has been a source of debate. On one hand, there have been questions as to whether economic testimony is relevant for the inquiry into the existence of a per se illegal agreement. However, while economics cannot measure the occurrence or existence of an illegal action, it can provide insight into potentially relevant questions. For example, economics can provide a statistical basis for analyzing circum