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.
- 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.
- Investigated allegations of below cost pricing by one of the largest in-store music providers. Created detailed cost build-ups of various products which included analysis of all direct and indirect expenses and determination of costs drivers for allocation purposes. This assignment also included determining lost profits due to a lost contract with a large drug store chain resulting from the below cost pricing.
- Defended a client accused of false advertising by the only major competitor in its marketplace. Created a database of the sales from both companies in order to compare the trends from each prior to and during the damage period. Compared the customer lists of both to determine which customers migrated between the competitors and refuted the plaintiff’s claim that all migrating customers were the result of false advertising. Calculated the damages due to plaintiff after isolating the other factors that contributed to plaintiff’s alleged drop in sales growth.