Law360, New York ( December 16, 2015, 10:27 AM EST) -- Referencing technical language such as "heteroscedasticity" used by an economic expert, the magistrate judge in the matter of Air Cargo Shipping Services candidly stated: "Whatever this technical argle bargle means, it is beyond the grasp of the court and likely many jurors as well."[1] However, courts are commonly called upon to evaluate complex economic analysis and interpret technical terms in antitrust class actions. Indeed, the magistrate judge himself in Air Cargo Shipping Services opined on the appropriateness of an expert's use of "weighted least squares," an adjustment sometimes applied in conducting econometric analysis. Can courts consistently and properly evaluate complex economic analysis in antitrust class actions or will they perceive it as incomprehensible "argle bargle"? An examination of how courts have recently evaluated the importance of a relatively simple statistical result — positive price "correlations" — provides some insights on this important question....
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