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Concord Boat Corp. v. Brunswick Corp.

United States Court of Appeals for the Eighth Circuit
207 F.3d 1039 (8th Cir. 2000)


Concord Boat Corporation (Concord) (plaintiff) and Brunswick Corporation (Brunswick) (defendant) were competitors in the market for stern-boat engines. Brunswick, the market leader, began offering a discount program that provided rebates to customers who purchased a specified percentage of their boat engines from Brunswick. Concord brought a suit against Brunswick, alleging antitrust violations. At trial, Concord offered expert testimony by Dr. Robert Hall. Using an economic model purporting to represent a theoretical competitive market for stern-boat engines, Dr. Hall testified that Brunswick possessed monopoly power and had used the discount program to strengthen its monopoly position and capture a larger market share. In his conclusion, Dr. Hall suggested that Brunswick had engaged in anticompetitive practices that excluded other manufacturers from entering the market. Brunswick made a motion to exclude Dr. Hall’s testimony for speculation and for failing to consider all relevant evidence. The district court rejected the motion, and the jury found for Concord and awarded damages based on estimates that Dr. Hall had provided in his testimony. Brunswick appealed the rejection of the motion to exclude Dr. Hall’s testimony.

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