Antitrust Damages: Economic and Legal Considerations in 2018
Given the increased cross-border coordination among enforcement agencies related to antitrust violations, and the potential for increased private litigation in which plaintiffs allege damages, companies are increasingly focused on compliance and risk mitigation. While antitrust damages claims are common place in the U.S., attention to damages quantification is also growing in other parts of the world, particularly in Europe, where a large number of cartel cases have been reported. Last year, the European Union’s Damages Directive was implemented to help victims of anti-competitive conduct exercise their rights to full compensation.
Considering the significant changes imposed by the Directive and the ever-changing competition landscape, it is imperative for companies to keep abreast of recent regulatory updates and to establish effective antitrust compliance programs in order to minimize risks.
In this LIVE Webcast, a panel of distinguished professionals and thought leaders organized by The Knowledge Group will provide an overview of the latest trends and critical issues with respect to antitrust damages. Speakers will also discuss economic and legal considerations, risk mitigation techniques and best practices for managing an effective antitrust compliance program.
Key issues that will be covered in this course are:
- Antitrust Damages – An Overview
- Recent Changes and Developments
- Economic and Legal Considerations
- Litigation Trends and Challenges
- Potential Implications for the Competition Litigation Landscape
- Risk Assessment Strategies
- Best Practices
- Overview of differences in antitrust laws and recovery in the U.S., E.U., and Canada and their implications for the analyses of damages:
- The pass-on defense in recent antitrust cases across the globe
- Recovery of lost profits on lost sales in the EU
- New developments regarding litigation in overlapping jurisdictions and the potential for duplicative recovery:
- How damages have been allocated in litigation heard in both U.S. Federal and state courts
- Damages in antitrust cases litigated in multiple countries
- Pass-on and the calculation of damages for indirect purchasers across jurisdictions
- Review of recent rulings on the Foreign Trade Antitrust Improvements Act and potential economic implications for antitrust litigation in 2018
NERA Economic Consulting
- What is big data, why is it important for machine learning applications, and how this may show up in antitrust matters.
- Big data as it relates to the economic concepts of economies of scale/scope, and barriers to entry.
- What economists have said about innovation versus competition (e.g. Arrow vs Schumpeter), and how this relates to antitrust matters involving big data.
- Comparison of EU and U.S. regulators’ treatment of innovation versus competition as reflected in the recent investigations into Google.
- Review different agencies’ treatment of product design and innovation versus potential harm to competitors.
- Interplay between class certification and damages
- The use of representative evidence in demonstrating predominance
- Walmart v. Dukes
- Comcast v. Behrend
- Tyson Foods v. Bouaphakeo
- Application to lower court antitrust cases
- Recent developments in class and collective actions abroad
Who Should Attend:
- Antitrust Lawyers
- Litigation Officers
- Business Developers
- Business Executives
- Civil Litigators
- In-house Counsel
- Chief Compliance Officers
- Legal Advisers
- Other related/interested professionals and organizations
Dr. Seitz has a broad range of expertise in antitrust economics, class certification, labor economics, econometrics and applied microeconomics. She has worked on a series of high-profile antitrust matters involving employment and consumer products. She has provided economic analysis in antitrust and intellectual property litigation, with a particular focus on high technology, pharmaceuticals, and employment matters. Dr. Seitz has authored expert reports and declarations pertaining to employment and class certification litigation. Dr. Seitz has extensive experience preparing expert witnesses and counsel for deposition and has attended and assisted at numerous high-profile depositions regarding employment, antitrust and drug litigation. Dr. Seitz was formerly a co-editor at Labour: Review of Labour Economics and Industrial Relations, and has been a principal investigator and co-investigator on grants funded by the Social Security Administration and Social Sciences and Humanities Research Council of Canada. She has published research in the CPI Antitrust Chronicle, International Economic Review, The Review of Economic Studies, and the Journal of Labor Economics. Prior to joining Analysis Group, she was an assistant professor of economics at Boston College.
Dr. Seitz has a broad range of expertise in antitrust economics, class certification, labor economics, econometrics and applied microeconomics. She …
Dr. Sheng Li is a Consultant in NERA's Antitrust and Intellectual Property Practices. He has experience applying economics theory, statistics, and complex econometrics tools to help clients understand and evaluate competitive issues and potential damages resulting from litigation. In the area of antitrust, he has evaluated damages theories in cases involving alleged monopolization, exclusive dealing, and price fixing. In the area of intellectual property, Dr. Li has assessed damages arising from patent infringement and issues relating to antitrust patent misuse. Dr. Li has broad experience working on cases in a variety of industries, including medical devices, auto insurance, transoceanic shipping, and communications hardware.
Dr. Li received his PhD in economics from University of California, Berkeley and his BSc in financial economics from University of Toronto. Dr. Li is fluent in English and Chinese (Mandarin).
Dr. Sheng Li is a Consultant in NERA's Antitrust and Intellectual Property Practices. He has experience applying economics theory, statistics, …
Brenda's practice focuses on complex litigation and investigations, including defense of securities fraud actions, complex antitrust actions and corporate shareholder actions. She has extensive experience in conducting sensitive corporate internal investigations, and in the representation of public companies and individuals in investigations by the DOJ, the Treasury Department and local law enforcement agencies. She also regularly advises foreign companies and financial institutions on compliance with U.S. securities, antitrust and other regulatory regimes.
Brenda's practice focuses on complex litigation and investigations, including defense of securities fraud actions, complex antitrust actions and corporate shareholder …
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Method of Presentation:
Experience in antitrust laws
NY Category of CLE Credit:
Areas of Professional Practice
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About Analysis Group
Analysis Group is one of the largest private economics consulting firms, with more than 800 professionals across 13 offices in North America, Europe, and Asia. Since 1981, we have provided expertise in economics, finance, health care analytics, and strategy to top law firms, Fortune Global 500 companies, and government agencies worldwide. Our internal experts, together with our network of affiliated experts from academia, industry, and government, offer our clients exceptional breadth and depth of expertise.
About NERA Economic Consulting
NERA’s antitrust and competition economists employ economic theory and quantitative methods, grounded in a thorough understanding of the market, to provide a full range of theoretical and empirical economic analysis and testimony in matters involving mergers and acquisitions, antitrust litigation, and competition policy. They analyze the entire range of economic issues that arise in antitrust cases, including market definition, market dynamics, entry conditions, pricing, single firm conduct, agreements, and profitability. NERA's experts assess and, when appropriate, testify to the economic merits of allegations of anticompetitive mergers and acquisitions, foreclosure and exclusionary conduct, horizontal and vertical restraints, monopolization and abuse of dominant position, and collusion. NERA's experts also have extensive experience estimating damages in antitrust matters, as well as assessing the appropriateness of class certification.