Jonathan B. Baker, American University, and Daniel L. Rubinfeld, University of California, Berkeley 1. Introduction The use of empirical methods in antitrust has been growing at an exponential rate. It is now commonplace for multiple regression and other statistical methods to be utilized in merger cases, especially those involving predictions of the price increases that may result from the strategic decisions of the merging firms. These methods are also prominently employed in civil nonmerger investigations by the federal antitrust enforcement agencies (including price fixing, monopolization, and exclusive dealing cases) and in private litigation (including damage claims and class action suits). This article surveys the methodologies that have been used and the range of questions that they address. It also provides a critical examination of the growing set of statistical tools that are available for use in antitrust analysis. Why has the use of empirical methods grown so rapidly? There are important demand and supply-side explanations. On the supply side, the rapid improvement in computer technology has made empirical We are grateful to Tim Bresnahan, Aviv Nevo, Donna Patterson, Scott Stern, Mary Sullivan, Chuck Thomas, Scott Thompson, Bob Town, Mike Vita, and Greg Werden for their helpful comments. Send
American Law and Economics Review – Oxford University Press
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