Antitrust Litigation

In class action litigation, a court’s decision as to whether a particular class should be certified turns, in part, on the question of predominance. In antitrust class actions in particular, the predominance assessment relies heavily on economic analysis.

In this Bloomberg Law article, Edgeworth Partner Dr. George Korenko and Mary Gately, Partner at DLA Piper, discuss from a legal and economic perspective the issue of breach of contract damages arising during the COVID-19 pandemic.

In this Law360 article, Edgeworth Partners Dr. George Korenko and Matthew Milner provide a primer on the economics of class certification and discuss the application of economics to price gouging class actions.

In this article, published in Law360, Edgeworth Partner Dr. George Korenko and Principal Consultant Dr. Tram Nguyen discuss three key issues cited in the Court of Appeals opinion and their implications for the economic analysis of predominance in the Lamictal case and in other pay-for-delay litigations.

As COVID-19 spreads throughout the country, it is especially important unscrupulous sellers do not take advantage of Americans by selling products at unconscionable prices. Dr. John H. Johnson, Dr. George Korenko, and Matthew Milner describe various concepts used when identifying appropriate benchmarks and comparators in an assessment of price gouging.

Dr. George Korenko and Matthew Milner provide 10 best practices to help practitioners overcome the hurdles of gathering detailed data in antitrust cases and make the process more cost efficient and effective for litigation.

In anticipation of future civil class actions related to no-poach and wage-fixing agreements, Edgeworth Partners Dr. Stephen Bronars and Dr. Deborah Foster have published a two-part primer in Law360 on wage analyses that are frequently used in employment discrimination cases and will become increasingly relevant as labor issues cross over into the antitrust arena.

In anticipation of future civil class actions related to no-poach and wage-fixing agreements, Edgeworth Partners Dr. Stephen Bronars and Dr. Deborah Foster have published a two-part primer in Law360 on wage analyses that are frequently used in employment discrimination cases and will become increasingly relevant as labor issues cross over into the antitrust arena.

Dr. George Korenko and Matthew Milner offer strategies for attorneys and experts collecting and preparing data for antitrust cases.

In "Turning Daubert on its Head: Efforts to Banish Hypothesis Testing in Antitrust Class Actions," Edgeworth CEO Dr. John Johnson, with Former Partners  Dr. Laila Haider and Dr. Gregory Leonard discuss the recent attempts by plaintiffs to exclude expert evidence and opinions offered by defendants' expert economists with the argument that the experts’ statistical testing of plaintiffs’ proposed methodology does not satisfy the Daubert standard for the admissibility of expert testimony. 

Dr. John Johnson with Former Partner Dr. Laila Haider discuss the role of rigorous analysis in the U.S. Supreme Court’s most recent antitrust ruling in Comcast Corp. v. Behrend.

Dr. John H. Johnson and Dr. Gregory Leonard discuss the empirical analyses used to determine class certification issues in Rigorous Analysis of Class Certification Comes of Age, published by the ABA’s Antitrust Law Journal.

Matthew Milner opined on the reliability of structured data in litigation, writing “Structured data is frequently the foundation of expert analysis in litigation for a variety of damages and liability issues."

In class action litigation, a court’s decision as to whether a particular class should be certified turns, in part, on the question of predominance. In antitrust class actions in particular, the predominance assessment relies heavily on economic analysis.

The ABA Antitrust Section’s 2024 Spring Meeting panel “Failure to Communicate? Improving Expert Testimony” provided a lively discussion about the evolving role of the expert witness, what makes an effective expert witness, and changing trends in trial procedure that may help streamline expert testimony.

On November 9, 2023, the American Bar Association Antitrust Law Section held its annual Fall Forum focused on the theme “Can Antitrust and Consumer Protection Keep Up with Artificial Intelligence (AI)?” This exciting program brought together computer scientists performing cutting-edge AI research, policymakers considering proper legislation for regulating these new technologies, and practitioners navigating the implications of this changing legal landscape in the scope of antitrust, privacy, and consumer protection.

Artificial intelligence (“AI”) has long been a hot topic across various industries, including the legal sector, especially with the recent breakthrough of innovative generative AI system—Large Language Model (“LLM”) applications like ChatGPT that can process and generate humanlike text in real-time. These technologies can revolutionize the way legal cases are managed, making it more critical than ever for professionals in the legal industry to learn how to harness the power of generative AI to their advantage—and to understand the limits of its capabilities.

One of the most relied upon statistical tools implemented by economists is regression analysis, a method with which to study the relationship between a variable of interest and “additional explanatory variables that are thought to produce or be associated with changes in the variable of interest.” Regression analysis can be particularly useful in the context of antitrust litigation.

What are the legal and practical issues involved in introducing economic evidence in a criminal antitrust trial?

Edgeworth Partner Michael Kheyfets will join a panel of thought leaders to provide an in-depth analysis of the recent developments in antitrust class certification in this Knowledge Group webcast.

Edgeworth Economics will host the Antitrust Economics Workshop, to be held in advance of the 47th Annual Conference on International Antitrust Law

Edgeworth Managing Principal Sophie Meadows will participate in this live webcast, hosted by The Knowledge Group, in which she will join fellow panelists to provide an in-depth analysis of the recent trends and developments on antitrust class certification and the associated economic issues. The panel will also offer best practices to help practitioners amid the changing legal landscape.

This program will provide an overview of techniques for assessing market power, including both direct evidence and indirect evidence approaches.

Edgeworth CEO Dr. John H. Johnson will speak at the 68th Annual ABA Antitrust Law Virtual Spring Meeting. Dr. Johnson will speak on the panel, “Apples & Economics: Is Illinois Brick Obsolete?” 

Edgeworth will co-host the Antitrust Economics Workshop held in advance of the 46th Annual Conference on International Antitrust Law and Policy, hosted by Fordham's Competition Law Institute.

Edgeworth Economics is a proud sponsor of the 2019 CBA Competition Law Spring Conference. 

In this webcast, Edgeworth Principal Consultant Dr. David Colino will join a panel of thought leaders and practitioners to discuss the current trends and issues in reverse payment settlements.

Dr. John Johnson and his fellow panelists will discuss post-Actavis lower-court decisions that have shed contradictory views, probing issues such as expected litigation costs, expected profits from continued sales, and the value of contemporaneous business transactions.

Principal Consultant Sophie Meadows will provide examples from recent cases to describe the use of large-scale data in the economic analysis of antitrust issues and how this relates to data discovery.

Edgeworth Economics Partner Michael Kheyfets will moderate a panel of economists who will teach basic economic principles related to antitrust analysis.

Edgeworth Economics has again been named as a top competition economic consultancy by GCR in its 2021 publication of the Economics 21. 

Who’s Who Legal, a Law Business Research publication, has featured Dr. Jesse David, Dr. John Johnson, Michael Kheyfets, and Dr. George Korenko in its 2020 listing of the most highly regarded competition economics practitioners.

A total of seven Edgeworth experts have been featured in Who's Who Legal as leading competition economists. 

Edgeworth Economics has been recognized for another consecutive year by Global Competition Review in its annual publication of the Economics 20.

Dr. John Johnson, Dr. Gregory Leonard, and Dr. Fei Deng have been named to the Who's Who Legal 2018 listings of the most highly regarded competition economics practitioners. Dr. Johnson and Dr. Leonard were again named top economists, while Dr. Deng was again identified as a future leader in the space.

Edgeworth Economics has again been listed as a top competition economic consultancy by Global Competition Review in its annual publication of the Economics 20.

Global Competition Review has recognized Edgeworth Economics as a leading competition economic consultancy.

Global Competition Review has named Edgeworth a top antitrust and competition economics firm.

Edgeworth CEO Dr. John Johnson, with Dr. Gregory Leonard and Dr. Laila Haider, demonstrate the use of econometric methods to address issues related to the viability of class-wide damages.

Edgeworth CEO and President, Dr. John Johnson, participated in the BASF Battle of the Experts, discussing how to work with economists in antitrust litigation.

Senior Vice President Dr. George Korenko discusses the importance of data to multinational companies faced with transfer pricing valuations in the most recent issue of The Edgeworth Box.    

Edgeworth President John H. Johnson and Senior Vice President Jesse David, along with economist Paul Torelli, discuss the unique circumstances surrounding antitrust cases that target labor markets.

Washington, D.C. - In the most recent issue of the ABA’s Antitrust Practitioner, Edgeworth experts Dr. John Johnson, Mr. Boris Vabson, and Mr. Matthew Milner discuss the impact of the Third Circuit’s In re Hydrogen Peroxide decision on ongoing as well as prospective class certification proceedings.

Dr. Jesse David conducted a seminar at Arnold & Porter in Los Angeles. Dr. David’s talk covered an increasingly common form of litigation – antitrust counterclaims against a patent holder suing for infringement.

Washington, D.C. - Edgeworth Economics is pleased to announce that Dr. John Johnson has been appointed an Assistant Editor of the Antitrust Law Journal for the 2010-2011 ABA year.

Washington, D.C. - In Law360, Edgeworth Senior Vice President Matthew Milner opined on the reliability of structured data in litigation, writing “Structured data is frequently the foundation of expert analysis in litigation for a variety of damages and liability issues. Often, statistical analyses prepared by experts are based on structured data from the parties to the litigation.

In this new article for The Antitrust Prescription, our pharmaceutical economics team discusses Amgen’s proposed acquisition of Horizon and the FTC’s broader approach to challenging conduct under Section 5 of the FTC Act.