Bates White professionals have provided critical damages analysis and testimony in many significant antitrust matters. We collaborate with leading experts in the fields of economics, finance, and econometrics to provide analyses that are properly informed by established economic and econometric theory while working closely with our clients to understand the unique challenges of each case. We apply appropriate methods including, when necessary, the most sophisticated econometric methods to estimate damages. Our analyses are based upon a deep understanding of the relevant industry, established economic and econometric theory, and pertinent financial and market data. In particular, we pay close attention to estimating key relationships in the data and testing the validity of our damage estimates in multiple ways. This approach yields damage estimates that withstand intense scrutiny from opposing parties.
In re Vitamin C Antitrust Litigation—Douglas Bernheim testified on behalf of plaintiffs in the matter at trial in the US District Court for the Eastern District of New York. The case alleged price-fixing agreements among Chinese suppliers of vitamin C. Dr. Bernheim concluded that vitamin C prices were inflated during the cartel period primarily because of the activities of the cartel. Defendants were found liable for fixing prices with their competitors and fined treble damages of $162.3 million, the full damages requested by plaintiffs. The matter marked the first time that Chinese companies faced a trial on US antitrust claims. For more information, read the press release.
- AMD v. Intel—Served as the lead expert on behalf of AMD in the landmark microprocessor antitrust case. Advised on overall case strategy and performed economic analysis to assess liability and damages resulting from illegal conduct alleged in the United States, Japan, and Europe. AMD and Intel agreed to a settlement, under the terms of which Intel agreed to pay $1.25 billion and refrain from certain business practices that AMD had alleged to be anticompetitive. For more information, read the press release.
- In re TFT-LCD (Flat Panel) Antitrust Litigation—Providing expert testimony to a large coalition of direct action plaintiffs in the United States, Asia, and Europe. Performing economic analyses to assess liability and damages resulting from the alleged illegal conduct.
United States ex rel. Bunk v. Birkart Globistics and United States ex rel. Ammons v. Pasha Group—Provided expert report, deposition, and trial testimony on behalf of the United States. Testified before a jury that the Department of Defense was overcharged by $41.5 million as a result of the price-fixing conspiracy among German moving companies. The jury awarded damages in favor of the United States in the amount of $33.6 million.
In re EPDM Antitrust Litigation and In re PCP Antitrust Litigation—Provided extensive consulting services for defendants. Developed econometric and financial damages estimates for use in settlement discussions. Worked with in-house and outside counsel on settlement and litigation strategy with direct and indirect plaintiffs. Supported discussions with government agencies in the United States and Europe regarding plea agreements and fines. Supported ongoing discovery and cooperation requests from plaintiffs.
Chemicals—Provided economic analysis on behalf of tire manufacturers in the UK proceedings regarding private damages claims related to the EU synthetic rubber cartel case. Supported expert Dr. Hans Friederiszick of our European partner, and worked with attorneys on both sides of the Atlantic to quantify potential damages. The case was recently closed by settlement. The terms and conditions of the settlement are confidential.
In re Vitamins Antitrust Litigation—Provided extensive consulting services and expert testimony on behalf of a large group of direct action plaintiffs and a plaintiff class in one of the largest price-fixing cases in US history. Supported all phases of the case, including expert testimony at trial. Submitted expert reports on liability and damages and testified at trial concerning damages. Clients included Continental Grain Company, General Nutrition Companies, Inc., and Kraft Foods Inc.
Omnicare v. United Health—Provided expert testimony for United Health to assess damages in a lawsuit alleging that pre-merger coordination led to the joint exercise of monopsony power. Performed econometric analysis to simulate but-for pricing and estimate total damages for a range of but-for scenarios. Analysis concluded that pre-merger coordination did not have a significant impact. United Health was granted summary judgment on all claims. For more information, read the case study.
In re Linerboard Antitrust Litigation—Provided liability and damages expert testimony, settlement and mediation support, discovery support, and critique of opposing expert analyses to a large coalition of direct action plaintiffs. Clients included H. J. Heinz Company, PepsiCo Inc., and The Procter & Gamble Company.
- Economics Committee Newsletter, American Bar Association, Section of Antitrust Law, Winter 2006