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. Sumanth Addanki Managing Director White Plains, NY +1 914 448 4060
Dr. Jeffrey A. Eisenach Managing Director
Co-Chair, Communications, Media, and Internet Practice
Washington, DC
+1 202 448 9029
+44 20 7659 8500
Dr. Graeme Hunter Managing Director New York City +1 212 345 7724
Dr. Hiroaki Ishigaki Managing Director Tokyo +81 3 6871 7041
James Mellsop 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 Managing Director
Chair of NERA's Intellectual Property Practice
White Plains, NY +1 914 448 4119
Dr. Chetan Sanghvi Managing Director Washington, DC +1 202 466 9240
Dr. Ramsey Shehadeh Managing Director New York City +1 212 345 6089
Dr. Lauren Stiroh Managing Director White Plains, NY +1 914 448 4143
Bradley A. Heys Director Toronto
New York City
+1 416 868 7312
+1 212 345 2691
Grant Saggers Director London +44 20 7659 8802
Dr. Nicola Tosini Director Berlin
+49 30 700 1506 70
+32 2 674 88 17
+39 345 3942428
Dr. Garrett Glasgow Associate Director San Francisco +1 415 291 1029
Bryan Ray Associate Director White Plains, NY +1 914 448 4004
Dr. Will Taylor Associate Director Auckland
+64 9 928 3292
+61 2 8864 6535
Dr. Kristin Terris Associate Director Los Angeles +1 213 346 3003
Tilling Lee Senior Consultant Washington, DC +1 202 466 9268
Dr. Elizabeth M. Bailey Affiliated Academic San Francisco +1 415 291 1041
Dr. Michael Baye Affiliated Academic Washington, DC +1 202 466 9298
Dr. Alan Cox Affiliated Consultant San Francisco +1 415 291 1000
Dr. Eugene Ericksen Affiliated Academic Philadelphia +1 215 864 3878
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
Linda McLaughlin Affiliated Consultant New York City +1 212 345 5340
Todd Morrison Affiliated Consultant Washington, DC +1 202 466 9213
Title Type Author
Algorithms & Antitrust: An Overview of EU and National Case Law Dr. Sheng Li, Dr. Claire Chunying Xie, and Emilie Feyler
Monetary Remedies for Zero-Price Privacy Regulation Published Article Dr. Andrew Stivers
Innovation Incentives in the Pharmaceutical Sector: Rethinking Competition and Public... Published Article Robert Lauer, et al.
Collaboration and Combination Due to 5G: Unlocking Investment or Reducing Competition... Published Article Dr. Will Taylor and Adrien Cervera-Jackson
The Role of Rebates in the Pharmaceutical Industry Published Article Dr. Chris Stomberg
Monetary Remedies After High Court FTC Ruling Published Article Dr. Andrew Stivers
Economic Aspects of the ‘50+1 Rule’ in German Football Published Article Dr. C.-Philipp Heller
German Federal Cartel Office Market Investigation of Electric Vehicle Charging Statio... Published Article Dominik Hübler, Dr. C.-Philipp Heller, et al.
Class Action Lawsuits: Opportunities to Apply Econometrics and Statistics Published Article Dr. Ling Ling Ang, Dr. Jordan Milev, and Dr. John Scalf
Fintech Developments and Antitrust Considerations in Payments Published Article Dr. Ling Ling Ang and Dr. Will Taylor