Economists on trial: how to make expert duties, meetings, and hot tubs work

Abstract

There is extensive debate about the use of economic experts in competition litigation, both in the UK and in jurisdictions across Europe. There are several ingredients of good practice that have been developed over time, including the requirement for experts to talk to each other and share their data, and then produce a statement of points of agreement and disagreement to narrow the issues between them. Another ingredient is to give the experts their day in court, through cross-examination or hot tubs. Invented in the Southern Hemisphere, expert hot tubs are increasingly used in competition law cases in Europe. They allow the evidence from economic experts (party-appointed and/or court-appointed) to be heard concurrently in court. These hot tubs come in different shapes and sizes which this article explores.