The Trial of Economic and Technological Issues of Fact: I

Abstract

COMPLEX economic and technological issues have come before the courts with increasing frequency in recent years, reflecting the growth of regulatory legislation and the conflicts which account therefor. Many of these issues originated before administrative agencies. Others have originated as criminal or civil proceedings in the courts. Their number is considerable. But there has been little comment on the evidential-as distinguished from the substantive-problems involved. This discussion will focus on the recurring types of economic and technological issues of fact presented in antitrust proceedings, particularly those of the industry-wide type. Many of these proof problems are of course similar to those which arise in other types of regulatory proceedings, so that conclusions here developed are not confined in application to cases under the Sherman Act.