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COMPLEX economic and technological issues have come before the
courts with increasing frequency in recent years, reflecting the growth
of regulatory legislation and the conflicts which account therefor.
Many of these issues originated before administrative agencies. Others
have originated as criminal or civil proceedings in the courts. Their
number is considerable. But there has been little comment on the
evidential-as distinguished from the substantive-problems involved.
This discussion will focus on the recurring types of economic and technological
issues of fact presented in antitrust proceedings, particularly
those of the industry-wide type. Many of these proof problems are of
course similar to those which arise in other types of regulatory proceedings,
so that conclusions here developed are not confined in application
to cases under the Sherman Act.
Date of Authorship for this Version
economic, technological, antitrust