Antitrust lawsuits can live and die on the strength of Ph.D. economists. Courts face the crucial task of weeding out which of those expert witnesses can appear before a jury.
Enter the legal “hot tub.”
Federal Judge James Donato in San Francisco this summer turned to the unorthodox hearing format in a case challenging Google’s dominance of the apps sold to Android phone users.
The two-hour-long hot tub pitted competing witnesses, under oath, in a face-to-face debate. It’s a type of back and forth that would never occur during a traditional pre-trial hearing, or even at trial.
Donato, who played ...
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