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.

  • In re Vitamin C Antitrust Litigation. Douglas Bernheim testified on behalf of plaintiffs 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 and marked the first time that Chinese companies faced a trial on US antitrust claims. For more information, read the press release.

  • AMD v. IntelServed 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 Urethane Antitrust Litigation. Leslie Marx provided expert reports, deposition, and trial testimony on damages on behalf of a coalition of direct action plaintiffs. Bates White also provided consulting services throughout all phases of the litigation. For more information, read the press release.  
  • In re TFT-LCD (Flat Panel) Antitrust Litigation. Douglas Bernheim, Leslie Marx, and Karl Snow have been retained to provide expert reports, deposition, and trial testimony on behalf of a coalition of direct action plaintiffs in the United States, Asia, and Europe represented by multiple law firms. Their testimony includes economic analyses to assess liability and damages resulting from the alleged illegal conduct. The Bates White team is also supporting testimony of an industry expert and an expert regarding the financial implications of the overcharges.
  • United States ex rel. Bunk v. Birkart Globistics and United States ex rel. Ammons v. Pasha Group. Robert Marshall provided expert reports, deposition, and trial testimony on behalf of the United States. Dr. Marshall testified before a jury on the damages incurred by the Department of Defense resulting from a price-fixing conspiracy among German moving companies.

  • In re EPDM Antitrust Litigation and In re PCP Antitrust Litigation. Provided extensive consulting services for a defendant. Developed econometric and financial damages estimates to evaluate potential damages exposure, use in settlement discussions, and understand potential government fines. Supported discussions with government agencies in the United States and Europe regarding plea agreements and fines. Responded to ongoing discovery and cooperation requests from plaintiffs.

  • Price-fixing in the rubber industry. Provided economic analysis on behalf of plaintiff tire manufacturers in UK proceedings regarding private damages claims related to an EU synthetic rubber cartel. Supported expert testimony of Hans Friederiszick of our European partner E.CA Economics, and worked with attorneys in the UK and the US to quantify damages.

  • In re Vitamins Antitrust Litigation. Provided extensive consulting services and expert testimony on behalf of a group of direct action plaintiffs and class plaintiffs in one of the largest price-fixing cases in US history. Supported all phases of the case and submitted expert reports on liability (Robert Marshall) and damages (Douglas Bernheim). Dr. Bernheim testified at trial concerning damages for vitamin B4 (choline chloride).

  • 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. For more information, read the case study.

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