Strategic Research Sponsor of the American Bar Association's Section of International Law
Kenneth G Elzinga
Office:
PO Box 400182
McCormick Road
City:
Charlottesville
State:
Virginia
Country:
USA

Questions and Answers:

Who's Who Legal Thought Leaders - Competition: Economists

Professor Ken Elzinga has testified in several precedent-setting antitrust cases, including three decided by the Supreme Court. He has written many scholarly publications, co-created the Elzinga-Hogarty test, and served as a special economic adviser to the head of the antitrust division of the US Department of Justice. Professor Elzinga is a legendary teacher who has taught more than 45,000 students, and received the University of Virginia’s highest honour, the Thomas Jefferson Award, in recognition of his work.

WHAT ATTRACTED YOU TO A CAREER IN COMPETITION ECONOMICS?

My economics professor at Michigan State University was Walter Adams. He was a big name, a demanding teacher and a leading authority on antitrust issues. Even after all these years, the power of using basic principles of economic theory to shed insight on and solve real-world problems continues to attract and inspire me.  

THE ELZINGA-HOGARTY TEST HAS REDEFINED GEOGRAPHIC MARKET ANALYSIS. DID YOU EVER EXPECT THAT IT WOULD BE SO SUCCESSFULLY INTEGRATED AND UTILISED?

Tom Hogarty and I did not anticipate that our names would be linked to a test. Nor did I expect the Elzinga-Hogarty test to be so frequently used (and misused) in the health sector.

WHAT ARE THE BIGGEST CHANGES YOU HAVE OBSERVED IN THE DEVELOPMENT OF EXPERT TESTIMONY AND CROSS-EXAMINATION OVER YOUR CAREER?

Two of the most interesting changes I have observed go hand in hand. The first is the increased embrace and application of economic reasoning by the courts. The second is the escalation of resources that are going into antitrust economics. For example, it is common now for an antitrust case to have more than one expert on each side. And in these cases, economic experts are much more extensively supported by talented colleagues and staff than before. As a consequence, the intellectual content of reports and testimony is greater. 

WHAT DO CLIENTS LOOK FOR IN A GOOD EXPERT WITNESS?

A blend of technical proficiency and communication skills. 

YOU HAVE WON A NUMBER OF AWARDS FOR YOUR TEACHING AND HAVE TAUGHT MORE STUDENTS AT THE UNIVERSITY OF VIRGINIA THAN ANY OTHER PROFESSOR. HOW DO YOU ACCOUNT FOR YOUR TRACK RECORD AS A TEACHER?

My goal is to be a great teacher because I had some great teachers. There is no reason an economics class should be dull or boring; economics is interesting, relevant and important. Every autumn, for several years, I have taught an introductory economics course that has more than 1,000 students. 

To some extent, I consider consulting to be like teaching. You need to get the economic analysis right, but that’s of little value if you don’t communicate – or teach – it in a way that is understandable and compelling to your audience, be it a member of the jury, a judge or a student.

WHAT HAS BEEN THE PROUDEST ACHIEVEMENT IN YOUR CAREER TO DATE?

Being the economic expert (on the prevailing side) of three important US Supreme Court cases: Matsushita, Brooke Group and Leegin. Each of those cases brought antitrust law more in line with what most economists would consider good public policy. I am proud to have been a part of that.

Biography:

Who's Who Legal Consulting Experts: Economic Consulting - Competition Economists

Ken Elzinga has testified in numerous precedent-setting cases. He has provided expert testimony for the prevailing parties in three US Supreme Court cases: Matsushita v Zenith, Brooke Group v Brown & Williamson, and Leegin Creative Leather Products v PSKS Inc. In Leegin, Professor Elzinga worked with Cornerstone Research on a case in which the Supreme Court overruled a 96-year-old precedent regarding resale price maintenance.

He has served as a special economic adviser to the head of the antitrust division of the US Department of Justice and as a consultant to the Federal Trade Commission and has testified for both agencies. He is known as the cocreator of the Elzinga-Hogarty test, used to define relevant geographic markets in antitrust analyses. His work has been cited by the Supreme Court and other courts.

At the University of Virginia, Professor Elzinga has won several awards, including the university’s highest honour, the Thomas Jefferson Award. The Southern Economic Association’s annual teaching award is named after Professor Elzinga in recognition of his reputation as a communicator of economics.

Professor Elzinga is a former fellow in law and economics at the University of Chicago and was the Thomas Jefferson visiting scholar at Cambridge University. The National Law Journal named Professor Elzinga as a trailblazer in the field of antitrust. He has authored more than 100 academic publications and his research has appeared in leading economics journals, including the American Economic Review; and in legal journals, including the Harvard Law Review.

He has a BA and honorary doctorate from Kalamazoo College and a PhD from Michigan State University.

WWL says: The “eminent” Kenneth Elzinga is a high-profile name in the US market thanks to his extensive experience testifying in significant cases.

This biography is an extract from Who's Who Legal: Consulting Experts which can be purchased from our Shop.

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