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Experience > Damage Analysis > Antitrust and Unfair Business

We identify the existence and quantify the effects of non-competitive behavior. Our experience includes market definition, allegations of unfair competition, price fixing, predatory pricing, and market power.

Representative Projects

  • To assist counsel in class certification, estimated the economic damages under the assumption that the defendant had not engaged in the anti-competitive conduct. Used comparables and applied the Lerner Index to estimate output and market-price effects of the exclusionary conduct. Identified the relevant product market, calculated market shares, estimated marginal cost, and assessed the likely exercise of market power. The results were subjected to multiple econometric sensitivity analyses with regard to assumed or estimated parameters.
  • In a class certification, estimated the economic damages resulting from alleged price discrimination. Applied the Cournot oligopoly model to estimate output and market-price effects of the price discrimination. Identified the relevant product market, calculated market shares, measured marginal cost, and assessed the likely joint exercise of market power. The results were subjected to multiple econometric sensitivity analyses with regard to assumed or estimated parameters.
  • Performed a market analysis of the paint can market to determine barriers to entry and existence of sub-markets (or significant product differentiation) with respect to plastic paint cans. Analyzed and critiqued marginal cost calculations made by the opposing side with respect to its breach of contract claim.
  • On behalf of a class of large pharmaceutical manufacturers accused of price discrimination and price fixing of a common contraceptive, analyzed the economics of the industry, defined the relevant market, and assessed any harm to competition and to consumers using various econometric methods.
  • Estimated potential exposure to the aggregation and use of market power by sellers of automotive glass.
  • Analyzed damages by constructing a logical but-for world that would have included enhanced competition from other third-party providers.
  • Analyzed but-for scenarios based on economic demand models (by specifying and estimating linear and non-linear regression models), and performed price elasticity calculations to determine past and future lost profits.
  • Accumulated financial information relevant to antitrust allegations for a large pharmaceutical company. This work involved creation of a single coordinated data base from a wide variety of different computer systems and software of each the entities involved in the suit.
  • Defended a client accused of false advertising by the only major competitor in the marketplace. We created a database of the sales from both companies in order to compare the trends from each company both prior to and during the damage period. We compared the customer lists for both companies to determine which customers migrated between the competitors and refuted the plaintiff’s claim that all migrating customers were the result of false advertising. We calculated the damages due to plaintiff that isolated the other factors that contributed to plaintiff’s alleged drop in sales growth.