Five Analysis Group Consultants Contribute to New ABA Book on Antitrust Damages
September 14, 2017
The American Bar Association's (ABA's) recently updated third edition of Proving Antitrust Damages: Legal and Economic Issues features contributions from five Analysis Group consultants. Sponsored by the ABA's Section of Antitrust Law, the book presents an overview of both conceptual and practical issues associated with proving damages in an antitrust case.
Chapter 1: "Impact: Injury and Causation," coauthored by Analysis Group Vice President Dov Rothman with Charles Casper, details the definition of a plaintiff's injury; the causal test for connecting an asserted injury to the alleged violation; the standard of proof for establishing that the violation caused the injury; and the types of proof typically offered to meet the standard. The determination of injury and causation sets the stage for the application of standing and antitrust injury requirements.
Chapter 5: "Economic and Financial Concepts," coauthored by Analysis Group Managing Principal Jeffrey A. Cohen, Vice President Divya Mathur, and Manager David Smith, identifies the economic and financial principles used in calculating antitrust damages in order to determine the impact that anticompetitive conduct has had on a plaintiff's financial health. Further, the chapter discusses corporate financial statements and specific financial calculations made in measuring antitrust damages.
Chapter 7: "Evaluating the Scientific Validity of A Damages Model," coauthored by Analysis Group Senior Advisor George Kosicki with Sheron Korpus, examines the legal standards that govern expert testimony related to antitrust damages; ways in which an expert's damages analysis may be subject to challenge; issues that may lead to the exclusion of an expert's testimony; and best practices for experts and counsel to avoid exclusion.