In the Beginning: The Creation of the Economic Expert in Antitrust
研究了美国诉美国钢铁公司案中两位经济学家作为专家证人的角色,他们的证词虽不及现代标准,但已包含当代专家证词的元素,并预示了芝加哥学派对竞争的看法。
Today one cannot imagine antitrust litigation without the use of economic experts. Defendants and plaintiffs alike pay handsomely for their reports and testimony. However, the use of economists as expert witnesses did not begin until the iconic case of United States v. United States Steel, when two prominent economists, Francis Walker and Jeremiah Jenks, testified on behalf of the Department of Justice and United States Steel. Drawing on the original trial transcript, this paper assesses their role in the litigation. While their level of theoretical sophistication and empirical analysis falls short of today’s standards, the testimony of Walker and Jenks featured some of the same elements of expert testimony that continue today and analysis that was a precursor to the Chicago School’s perspective on competition.