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Timothy Muris, Christine Wilson, Mar 13, 2014
Nevertheless, some judges have been quite hostile to customer testimony. Their extreme skepticism differs notably from that of the typical antitrust lawyer. Antitrust enforcers—who routinely assess the competitive effects of mergers, and consequently should be viewed as experts—invariably seek the reactions of customers when evaluating mergers. Judges, in contrast, have very limited experience in evaluating mergers. We believe the experts are more correct than the judges, especially about the general role of customers.