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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.

  • 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. 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 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 damages expert and trial testimony on behalf of the United States in the false claims matters. Performed econometric analysis quantifying overcharges due to alleged price-fixing and bid-rigging by providers of services related to international transportation of military household goods.

  • 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.

  • 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 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.

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