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 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. 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. Analyzed and critiqued marginal cost calculations made by the opposing expert with respect to its breach of contract claim.
  • Investigated allegations of below cost pricing by a well-known bicycle manufacturer.  This assignment required detailed cost build ups of various products and analysis of the competitive landscape.
  • Examined 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.