The Use of Economic Analysis in Antitrust Litigation and Counseling

Wednesday, January 1st, 1986 at 12:00 am by Andrew M. Rosenfield
Andrew M. Rosenfield, The Use of Economic Analysis in Antitrust Litigation and Counseling, 1986 Colum. Bus. L. Rev. 49

This paper is a survey that attempts to provide an overview of the extensive interaction between economics and antitrust with particular attention to the way economics is used in practice. Understanding the economic approach to antitrust is useful not only for the litigator, but for the counselor as well. Antitrust law in general has increasingly become a trap for the unwary. It is often possible to achieve a client’s desire (say, to help a client implement an efficient distribution system) in several ways. One approach may result in serious antitrust exposure while another approach avoids the risk of attack under the antitrust laws. Often, understanding the economic issues will enable a lawyer to structure a pro-competitive transaction to attain the client’s business goals while minimizing the risk of antitrust liability.

Author Information

President, Lexecon Inc. and Lecturer in Law, University of Chicago Law School. This paper is drawn from the text of a speech given at the Twenty-Fourth Annual Corporate Counsel Institute at The Northwestern University School of Law on October 9, 1985.