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Damages & Class Certification

Whether in US, Canada, EU, or UK follow-on actions, Brattle experts have decades of experience assessing damages in a variety of cases, including cartels, collaborations, and monopolization/dominance. Our experts use econometric techniques and models that reflect the latest developments in academic research, as well as established analyses accepted in the courts. This ranges from simple statistical analysis to reduced-form models and full structural modeling.

Brattle also has extensive expertise assessing issues in class actions in the US and Canada, as well as collective redress in the EU and UK. Whether offering Brattle’s in-house experts or supporting an academic affiliate, Brattle’s analyses of class issues delve deeply into the available data and most recent theories and techniques, all aimed at addressing what are often complex issues of potential individualized proof as well as appropriate counterfactuals.

Engagements
REPRESENTATIVE ENGAGEMENTS

Below is a list of representative engagements for our Damages & Class Certification practice.

Electronic components

Brattle economists and an academic affiliate have been engaged by a group of defendants in class actions brought by direct and indirect purchasers of technology components for use in electronic devices in the United States. Brattle is conducting an analysis of the class certification issues and any potential damages surrounding allegations of price-fixing by the technology component manufacturers.

SRAM and DRAMs

For a class of direct purchasers of Dynamic Random Access Memory (DRAM), and in a separate proceeding for a class of direct purchasers of Static Random Access Memory (SRAM), members of The Brattle Group estimated class-wide damages from alleged collusive price elevation and provided expert testimony. Brattle supported a testifying expert in an analysis of liability through class certification and the merits phase. We also provided testimony on the econometric estimation of class-wide damages in the two cases. In both cases, the experts used an econometric model of product-level transaction data that controlled hundreds of separate categories of products. Additionally, we provided an extensive critique of the testimony provided by opposing experts. Both matters settled before trial after expert reports were filed and deposition testimony was given.

Corrugated fiberboard

For a producer of corrugated fiberboard products facing price-fixing and market-allocation claims by a class of purchasers, members of The Brattle Group analyzed and critiqued the damages claims of the plaintiffs’ expert. Our analysis demonstrated that plausible modifications of the expert’s damages model significantly lowered damages estimates. Our assessment also pointed out flaws in the theoretical underpinnings of the model, the variables used to describe market pricing behavior, and the execution of the statistical estimation of the model.

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