Lina Khan on Expert Witnesses
TL;DR
Lina Khan is concerned about the high costs associated with expert witnesses in complex antitrust litigation.
Key Points
The FTC Chair expressed concern over exorbitant expert costs in antitrust litigation to a Senator in a July 2023 letter.
The high expense of expert witnesses may act as a barrier to effective antitrust enforcement actions.
There is an interest in approaches that might avoid the high expenditure related to expert testimony in certain cases.
Summary
Lina Khan, as Chair of the Federal Trade Commission, has expressed concerns regarding the substantial financial burdens imposed by expert witness testimony in complex antitrust litigation. The high costs associated with retaining and briefing these specialized witnesses are viewed as a barrier to effective enforcement and a potential driver of protracted legal battles. This apprehension is connected to a broader focus on streamlining litigation processes and ensuring the FTC can vigorously pursue its mandate without being unduly constrained by procedural hurdles that favor well-resourced corporate defendants.
This stance appears to align with efforts to reform the litigation landscape to make antitrust enforcement more efficient and accessible. By highlighting the prohibitively expensive nature of expert discovery and testimony, the Chair suggests that current practices can inadvertently skew outcomes or deter challenging anticompetitive conduct by smaller firms or the government itself. The implication is that the system may need adjustments to better manage the scope and cost of expert involvement in major regulatory and judicial proceedings.
Frequently Asked Questions
Lina Khan's position on expert witnesses in litigation, particularly antitrust cases, centers on concerns about their high costs. She views the exorbitant fees associated with retaining and briefing these experts as a potential impediment to effective and efficient enforcement by the Federal Trade Commission.
Yes, the Chair has addressed the high costs of expert witnesses in official correspondence, such as a letter sent to a United States Senator. This communication detailed worries over how these expenses impact the agency's ability to prosecute complex cases effectively.
Lina Khan is wary because excessive expert costs can create significant financial hurdles in complex litigation scenarios. Such high expenditures may effectively block smaller entities or the government agency itself from fully litigating important antitrust matters.
Sources6
Letter to Sen. Lee on Antitrust Litigation Costs
Khan: Embrace of brown shoe can avoid exorbitant expert costs
Republicans take aim at FTC Chair Lina Khan
FTC Chair wary AI tools can be used for corporate collusion
FTC's Shapiro, A Critic of Khan, Talks Tech and Expert Witnesses
* This is not an exhaustive list of sources.