Presenting Economic Analysis to Judges

Some time back, we posted a link to an Organisation for Economic Co-operation and Development piece (via the Federal Trade Commission) on presenting economic analysis to judges. Presumably the working drafts we were able to find were written with the still-developing antitrust system in Europe in mind, as much of the antitrust law in the US is well-established and litigation is generally handled by well-versed practicioners.

Despite its focus on competition law, the advice dispensed throughout the document is helpful in general terms, especially for those interested in situations where law and economics intersect. Among other pointers are these three general tips:

First, economic analysis should be fully integrated into the presentation of the case. It generally is counterproductive to treat economic analysis as a separate and discrete element of proof. Second, economic analysis should be fully and carefully explained in terms that are understandable, or a judge is not likely to rely on it. Third, the opinions of economists should be firmly grounded in the models and methods of economics and, when appropriate, be empirically validated. Economists are most persuasive when they do not stray outside their areas of expertise and do not adopt an advocacy posture in particular litigation.

As there has recently been renewed interest in the aforementioned post from Blawgconomics past, we have decided to repost the link to the whole document here.