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Damages

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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.

  • Computer technology – Served as the lead consulting expert on behalf of AMD in the landmark microprocessor antitrust case AMD v. Intel. 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.
  • In re EPDM Antitrust Litigation and In re PCP Antitrust Litigation – Provided extensive consulting services for a defendant. Supported litigation and settlement efforts, as well as dealings with government agencies in the United States and Europe.
  • In re Rubber Chemicals Antitrust Litigation – Provided expert services including arbitration testimony to two coalitions of direct-action plaintiffs representing approximately half the market. The arbitration panel unanimously adopted our expert’s damages approach without qualification or change, and used it as the basis of its damages calculation and award.
  • 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 premerger coordination led to the joint exercise of monopsony power. Performed rigorous econometric analysis to simulate but-for pricing and estimate total damages for a range of but-for scenarios. Analysis concluded that premerger coordination did not have a significant impact.
  • 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 including H. J. Heinz Company, PepsiCo Inc., and The Procter & Gamble Company.

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