Antitrust and Competition

Antitrust Damages and Litigation

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.

Name Title Location Phone Email
Dr. Lawrence Wu President San Francisco +1 415 291 1007
Dr. Jeffrey A. Eisenach Senior Managing Director
Co-Chair, Communications, Media, and Internet Practice
Washington, DC
+1 202 448 9029
+44 20 7659 8500
Bradley A. Heys Senior Managing Director Toronto
New York City
+1 416 868 7312
+1 212 345 3000
Dr. Graeme Hunter Senior Managing Director New York City +1 212 345 7724
Dr. Hiroaki Ishigaki Senior Managing Director Tokyo +81 3 6871 7041
James Mellsop Senior Managing Director
Chair of NERA's Global Antitrust and Competition Practice
+64 9 928 3290
+64 4 819 2550
+61 2 8864 6536
Dr. Christine Siegwarth Meyer Senior Managing Director
Chair of NERA's Intellectual Property Practice
White Plains, NY +1 914 448 4119
Grant Saggers Senior Managing Director London +44 20 7659 8802
Dr. Chetan Sanghvi Senior Managing Director Washington, DC +1 202 466 9240
Dr. Ramsey Shehadeh Senior Managing Director Washington, DC +1 212 345 6089
Dr. Lauren Stiroh Senior Managing Director White Plains, NY +1 914 448 4143
Dr. Will Taylor Managing Director Auckland
+64 9 928 3292
+61 2 8864 6535
Dr. Nicola Tosini Managing Director Berlin
+49 30 700 1506 70
+32 2 674 88 17
+39 345 3942428
Dr. Garrett Glasgow Director San Francisco +1 415 291 1029
Tilling Lee Director Washington, DC +1 202 466 9268
Bryan Ray Director White Plains, NY +1 914 448 4004
Dr. Kristin Terris Director Los Angeles +1 213 346 3003
Dr. Michael Baye Affiliated Academic Washington, DC +1 202 466 9298
Dr. Alan Cox Affiliated Consultant San Francisco +1 415 291 1000
Prof. Dr. Marc Ivaldi Affiliated Academic Paris
+33 1 70 75 01 90
+32 2 282 4340
+44 20 7659 8500
Dr. Alyssa Lutz Affiliated Consultant Los Angeles +1 714 545 3000
Dr. Thomas McCarthy Affiliated Consultant Los Angeles +1 213 346 3000
Title Type Author
The Algorithmic Accountability Act: Potential Coverage Gaps in the Healthcare Sector Published Article Dr. Andrew Stivers and Dr. Gabriella Monahova
Algorithmic Pricing in Horizontal Merger Review: An Initial Assessment Published Article Dr. Cristián Hernández, et al.
For the CFPB, Evaluating “Junk Fees” May Be Complicated Published Article Dr. Andrew Stivers
Sponsoring Entry in Merger Analysis Published Article By Dr. Nicola Tosini et al.
Defining Relevant Markets in the Crypto Economy Published Article Dr. C-Philipp Heller, et al.
Who’s Who Legal Interviews Grant Saggers as a Competition Thought Leader Expert QA Grant Saggers
A Practitioner’s Guide to Quantifying Damage Book Dr. C.-Philipp Heller, et al.
An Economic Perspective on the Usefulness of the Consumer Welfare Standard as a Guidi... Published Article Dr. Lawrence Wu and Dr. Craig Malam
What the FTC Staff Report Reveals About Internet Service Providers’ Data Collection Published Article Dr. Andrew Stivers
Algorithms & Antitrust: An Overview of EU and National Case Law Published Article Dr. Claire Chunying Xie and Emilie Feyler, et al.