American Banana v. Del Monte (Market Definition and Daubert)

AAI filed an amicus brief in a monopolization case in the Second Circuit Court of Appeals arguing that the lower court’s analysis of the relevant market was flawed because it failed to consider direct evidence of anticompetitive effects. The brief also highlights a recent study documenting excessive Daubert challenges to plaintiffs economists, which suggests that courts need to be more judicious in excluding expert testimony in antitrust cases. The brief was written by AAI Legal Advocacy Director Richard Brunell and Advisory Board Member Ellen Meriwether, with the assistance of Advisory Board Member Andy Gavil.