Antitrust law
Practical tips for antitrust practitioners to build persuasive economic narratives supported by clear data visualizations and examples.
This evergreen guide outlines how to craft compelling economic narratives in antitrust cases using data-driven visuals, accessible explanations, and illustrative examples that reinforce legal arguments and policy objectives.
July 22, 2025 - 3 min Read
In antitrust practice, the most persuasive narratives emerge when data translates into clear, compelling stories about market dynamics. Start by framing the central question in terms your audience already understands, such as price, output, or innovation, then connect those metrics to a legally meaningful concept like market power or harm. Gather robust sources, including transaction data, industry reports, and independent economic analyses, and document their provenance. Transparency about assumptions matters: disclose the model choices, data limitations, and potential biases. By presenting a coherent storyline that links observable indicators to legal standards, you create a foundation that both judges and policymakers can evaluate with confidence.
A strong narrative also requires disciplined visualization. Choose chart types that align with the question—line charts to show trends, bar charts for comparisons, scatter plots for relationships, and heat maps for concentration patterns. Keep visuals uncluttered: limit color palettes, label axes clearly, and annotate key inflection points. Every graphic should serve a purpose in the argument, not merely decorate the page. Accompany visuals with concise captions that summarize the takeaway in plain language. When visuals are paired with precise explanations, readers grasp the causal logic faster and retain the core message longer.
Visuals should illuminate reasoning without sacrificing accessibility.
Start with a defined hypothesis that connects economics to law, such as whether a conduct agreement forecloses competition or raises barriers to entry. Then provide a brief narrative of the market structure, identifying the number of competitors, barriers to entry, and the elasticity of demand. Support claims with data that demonstrate deviations from competitive benchmarks, such as elevated markups or reduced output after a strategy change. Present alternative explanations and explain why they are less plausible given the evidence. A disciplined, transparent approach helps the tribunal evaluate the strength of the economic reasoning alongside the legal theory.
Build a data appendix that is accessible to noneconomists. Include a glossary of terms, a summary of methods, and a step-by-step walkthrough of the key computations. Use synthetic examples to illustrate abstract concepts without revealing client confidences. When possible, provide reproducible calculations or dashboards that opposing counsel can review. The goal is to demonstrate methodological rigor while avoiding overconfidence in a single model. A well-documented appendix invites scrutiny, invites questions, and strengthens the credibility of the narrative.
Robustness testing strengthens arguments without burying readers in detail.
The ethical use of visuals matters as much as their accuracy. Avoid cherry-picking data or overstating causal connections. Show the uncertainties: present confidence intervals, discuss data quality, and acknowledge sampling limitations. When a visualization is equivocal, frame it as such and explain what additional evidence could resolve the ambiguity. Practitioners signal integrity by balancing assertiveness with humility, ensuring that the story rests on verifiable facts rather than persuasive storytelling alone. This restraint builds trust with judges, regulators, and the public.
Use counterfactuals prudently to test robustness. Create alternative scenarios that could plausibly explain observed outcomes, then demonstrate how the preferred interpretation remains compelling under those scenarios. This technique helps pre-empt defenses and demonstrates comprehensive analysis. By contrasting the primary narrative with well-supported alternatives, you show that your conclusions are not just convenient but resilient. Robustness checks should be plainly described, with results summarized in plain language and linked to the core legal question.
Real-world illustrations deepen relevance across industries.
Narrative structure matters: lead with a clear issue statement, summarize the legal standard, present the economic evidence, and finish with the implications. A compelling story aligns the factual record, the economic theory, and the statutory framework into a coherent arc. Break complex ideas into digestible segments, using short paragraphs and precise transitions. Avoid jargon overload by substituting plain-language explanations for technical terms where possible, and provide quick definitions when necessary. A well-paced narrative respects the reader’s time while ensuring that essential connections are not overlooked.
Real-world illustrations reinforce theoretical points. Cite market cases with similar characteristics and describe how the economics weighed on outcomes. Use sanitized, representative examples that highlight the mechanism—such as how exclusive dealing affects market entry or how collusion can elevate prices above competitive levels. When selecting examples, ensure they reflect diversity in sectors, geography, and enforcement outcomes. The aim is to demonstrate that the narrative applies beyond a single industry, enhancing its relevance to broader antitrust considerations.
From data to decision, close with actionable conclusions.
Clear data provenance enhances credibility. Document data sources, collection dates, and any transformations performed. Explain the reasons for choosing particular datasets and show how sampling choices influence results. If proprietary or confidential sources are used, describe the safeguards and provide redacted summaries where appropriate. Readers should be able to reproduce key findings with publicly available information or clearly communicate why certain data could not be shared. This transparency is fundamental to maintaining trust in both legal and economic analyses.
Communicate implications for policy and enforcement clearly. Translate findings into practical consequences: would a proposed merger significantly lessen competition? Would new conditions on conduct preserve welfare? Present regulatory options alongside predicted costs, benefits, and risk profiles. A well-structured conclusion ties the economic narrative to legal standards and policy objectives, clarifying whether intervention is warranted and what shape it should take. The clearest outcomes emerge when the argument concludes with specific, feasible steps that judges and policymakers can adopt or test.
The practice of antitrust storytelling thrives on iteration. Solicit feedback from colleagues with diverse viewpoints and test how the narrative holds up under cross-examination. Refine visuals, tighten language, and ensure consistency across all sections. Iterative improvement reduces cognitive load for readers and strengthens the persuasive force of the argument. As you revise, verify that every assertion has a corresponding data support, and that the logical chain remains unbroken from evidence to conclusion. A culture of ongoing review helps produce robust, enduring briefs.
Finally, anticipate post-decision scrutiny and plan accordingly. Prepare a concise executive summary that distills the core message for senior decision-makers who may not dive into technical details. Outline potential post-trial arguments, expected questions, and how the data narrative would adapt to different rulings. By planning ahead, practitioners reduce the risk of strategic misalignment and demonstrate readiness to advance the case through varied procedural stages. The enduring value of a persuasive economic narrative lies in its clarity, reproducibility, and the thoughtful integration of data into legal reasoning.
