Antitrust Damages and Litigation
NERA's global antitrust and competition economists apply microeconomic reasoning and econometric modeling techniques to real-world data to establish or refute a direct causal connection between the alleged antitrust violation and the injury claimed (the fact of injury or impact), as well as measure the amount of damages.
In determining antitrust damages, we develop realistic, market-based "but-for" scenarios. Depending on the specific facts developed in the course of litigation, NERA economists use the appropriate approach to calculating damages, such as estimating the difference between the price actually paid and the price that would have been paid if the alleged violation had not occurred. NERA’s experts have calculated the plaintiff's lost profits as a result of alleged anticompetitive behavior, as well as the loss of going concern value if the plaintiff's business is harmed.
Damages analyses prepared by NERA economists have been used to advise a company's owners, management, or board of directors of the company's potential exposure; to provide input to negotiations between companies and US national and state antitrust agencies, the European Commission, and competition authorities throughout the world; and to help parties negotiate settlements in civil litigation. Our experts' damage analyses are also regularly incorporated into expert reports and deposition and trial testimony in US federal and state courts, as well as before courts and arbitration panels around the world.
