In Re South Dakota Microsoft Antitrust Litigation

[¶ 38.] I concur in this decision, but with reservations. I express these reservations in view of the prospect that we may be .reviewing this case again before any final resolution. At some point, the plaintiffs’ expert, Professor Leffler, must verify his untested economic theories, just as all scientists must establish the reliability of their methods. By his own admission, Dr. Leffler offers only a prediction, a hypothesis that given enough time and data, he can adequately calculate damages for the class members. In an indirect purchaser action, the plaintiffs' must prove the actual damages…