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| PRACTICE AREAS: | |
| > ANTITRUST | |
| > DAMAGE ANALYSIS | |
| > REGULATORY ECONOMICS | |
| > INTELLECTUAL PROPERTY | |
| > TAX & TRADE | |
The goal of damage analysis typically is to estimate the monetary award that would compensate the plaintiff for its financial loss caused by the defendant’s unlawful conduct. The economist’s task is to use a generally-accepted methodology to estimate how the plaintiff’s financial performance would have unfolded absent the defendant’s bad acts. Once the economic position of the plaintiff but-for the defendant’s unlawful conduct has been determined, damages are calculated as the difference between the plaintiff’s but-for and actual economic positions.
MiCRA’s economists have performed damage analyses for plaintiffs and for defendants in cases involving a broad range of alleged violations and industry types. These include the estimation of: overcharges in price fixing cases; lost profits in monopolization, patent, and copyright infringement, false advertising, and breach of contract cases; reasonable royalty rates; and appropriate discount rates for calculating the present value of future losses and post-judgment interest. In addition, our economists have participated in numerous class certification proceeding in class action cases.
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In Re: Vitamins Antitrust Litigation |
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Gillette v. Optiva Corp. |
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Iams v. Kal Kan Foods, Inc. |
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A. Mitchell Gross v. Chrysler Corporation |