Engaged by plaintiffs and defendants to use economic, econometric, financial, and industry analysis to evaluate conduct and damages in complex antitrust litigation alleging:
- exclusionary or predatory arrangements;
- agreements among competitors, suppliers, or customers; and,
- exploitation including monopolization and unfair competition.
Substantial additional experience advising regulators and merging parties.
Conduct is evaluated by investigating whether, the behavior in question was most likely anti-competitive, or if, given the nature of the marketplace and other facts of the matter, the conduct can be reasonably explained by the profit-maximizing strategies expected from competitors who are following their own unilateral incentives.
Damages are computed by assuming the alleged conduct was in fact anticompetitive, and then comparing the plaintiff's actual financial condition to the likely market outcome, absent that conduct. Damages may be subject to trebling and in some circumstances, pre-judgment interest.
More details in the links below.