In recent years, the dispute and regulatory environment surrounding businesses has increasingly demanded explanations grounded in data. In litigation, arbitration, regulatory investigations, and discussions on regulation and institutional design, it has become more difficult to reach conclusions based solely on the parties’ assertions or rules of thumb. As a result, quantitative evidence has taken on greater importance as a foundation for decision making. At the same time, while digitalization has expanded the volume of data available for analysis, scrutiny of analytical assumptions, methodologies, and reproducibility has intensified, making the quality of proof more directly linked to outcomes.

Against this backdrop, economic analysis that integrates economic theory and empirical evidence has become essential. Beyond testing causality and estimating damages using statistical and econometric frameworks, practitioners are required to translate complex factual circumstances into forms that can be objectively tested and to present them as coherent, persuasive narratives that resonate with courts, regulators, and opposing parties. Moreover, for issues that are difficult to capture through documents or transaction data alone, surveys can play a critical role in supplementing evidence by illuminating customer perceptions and actual market practices, thereby strengthening the overall case. Given the potentially severe consequences for corporate activity—including business restrictions, substantial administrative fines or damages, and impacts on firm value and reputation—it is crucial to establish robust quantitative foundations at an early stage to avoid factual findings that diverge from reality.

Since its establishment in 2002, NERA’s Tokyo office has been a pioneer of economic consulting in Japan, working closely with companies and legal counsel to support evidentiary efforts. Our work spans a range of areas, including antitrust (merger review, cartels and bid rigging, abuse of dominance, and exclusionary conduct), intellectual property (patents, trademarks, and trade secrets), securities (damages assessment and valuation related to misstatements and disclosures), and a variety of commercial disputes (contract- and transaction-related damages, lost profits, and causation analysis). In addition to domestic matters, NERA leverages its experience in international cases and global best practices. A key strength of NERA lies in its ability to provide end-to-end support—from case-specific analytical design and the development of explanations tailored to regulatory and judicial proceedings to rebuttal analyses and robustness checks.

In this webinar, drawing on NERA’s practical experience and recent developments, we will examine when and what types of quantitative evidence are most critical to shaping decision making in disputes and regulatory matters across major sectors. Topics include data submissions and analytical review in antitrust investigations; the quantification of damages and value and the role of customer surveys in intellectual property cases; damages estimation and valuation using market data in securities matters; and but-for-based damage estimation and the disentanglement of confounding factors in commercial disputes. The webinar will also explain common practical issues and how external economists can be effectively utilized in each context.

Agenda:

• Introduction to NERA’s Tokyo Office 
  (Presenter: Hiroaki Ishigaki)

• Overview of Economic Analysis-Based Advisory Services (by Sector)

1. Antitrust - Presented by Hiroaki Ishigaki and Taku Masuda
   Economic analysis and investigations related to merger control, cartels and bid rigging, abuse of superior bargaining position or dominance, advocacy, and regulatory or institutional design under antitrust law 
   
   

2. Finance and Securities - Presented by Tomohiko Yano
   Damages assessment related to misstatements in securities filings; advisory services based on the valuation of shares, stock options, and other equity-linked instruments 
   
   

3. Commercial Disputes - Presenteed by Tomohiko Yano
   Damages related to intercompany contracts and commercial transactions 
   
   

4. Intellectual Property - Presented by Naoya Kaneko
   Damages quantification for infringement of patents and other intellectual property rights; survey research in intellectual property and unfair competition cases; use of statistical sampling in the examination of tort claims 
   

Please note that the content and order of the presentations are subject to change.

Intended audience: Corporate legal and intellectual property professionals, attorneys, and patent attorneys. 
 
Please note that applications may be declined if you are deemed ineligible, a peer or competitor, or if your affiliation cannot be verified based on the information provided. 
 
Participation: Free of charge 
 
How to register: Please register via the online application form. We will send details on participation and access by email prior to the event.

Please note this webinar will be in Japanese only.