An article written by Brattle principal Armando Levy was recently published on Law360. The article, “Unobserved Factors in Antitrust Class Certification,” analyzes the different methods utilized by economists in measuring damages on a classwide basis and the commonality of impact across class members.
Dr. Levy refers to this “battle of the experts,” beginning at the class certification stage, in which experts may debate the various technicalities about the different statistical models but ultimately the “unobserved factors” that affect transactions may be the most important. Dr. Levy addresses the question of whether these unobserved factors have been properly treated to ensure that any inferences taken are reliable, and recommends steps such as testimony from buyers and sellers that may help determine what these factors will likely be.
Dr. Levy’s article can be downloaded below.