A notable group of thought leaders addressing innovation law and economics, including Berkeley Policy Institute (BPI) executive director David J. Teece, have submitted an amicus brief to the U.S. Court of Appeals for the D.C. Circuit regarding United States v. Google LLC.
Published on May 29, 2026 by the International Center for Law & Economics (ICLE), the brief includes the following points:
Counterfactual analysis has vital importance in both economics and competition law:
“Economic research has repeatedly demonstrated that market outcomes cannot be reliably predicted from market structure alone. The relationship between structure, conduct, and performance is an empirical question that cannot be answered by assumption.”
Several methods can provide reliable counterfactual analysis in antitrust matters:
Historical comparisons and market episodes
Natural experiments
Field experiments and controlled studies
Consumer choices and preferences