The Use of Empirical Evidence in Antitrust: Trends, Challenges, and a Path Forward

The use of economic models and simulations to provide empirical estimates is considered central to antitrust litigation, particularly in merger cases. Since the introduction of demand estimation and merger simulation in antitrust proceedings nearly three decades ago, the sophistication of empirical analysis has grown significantly. However, the increasing complexity of these methods has been accompanied by high degrees of scrutiny, suggesting an increasing need for complementary evidence to supp