Antitrust Litigation

Overview

Edgeworth’s antitrust experts are on the cutting edge of applying rigorous statistical and econometric approaches to antitrust litigation with their work assisting counsel with data discovery or testifying on issues of class certification, liability, and damages.

Edgeworth has extensive experience in all stages of antitrust litigation, including data discovery, class actions and class certifications, and liability based on antitrust claims such as:

  • Price fixing
  • Monopolization
  • Criminal cartel investigations
  • Market allocation
  • Bid-rigging
  • Other exclusionary practices such as refusals to deal

We are also experts in employing econometric modeling in damages calculations related to the determination of monopolistic overcharges and assessment of the volume of commerce.

Case Highlights

Insights & News

Publications

  • Published Article, Bloomberg Law | 09.11.2020

    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.

  • Published Article, Law360 | 08.28.2020

    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.

  • Published Article, Law360 | 07.21.2020

    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.

  • Published Article, Law360 | 04.03.2020

    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.

  • Published Article, ABA Economics Committee Newsletter | 02.2020

    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.

  • Law360 | 05.23.2018

    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.

  • Law360 | 05.23.2018

    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.

  • Law360 | 04.28.2017

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

  • Antitrust Magazine | 04.26.2016

    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. 

  • Law360 | 04.04.2013

    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.

  • Antitrust Law Journal | 09.01.2011

    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.

  • Antitrust Report | 06.28.2011
  • Law Journal Press | 06.01.2011
  • Law360  | 06.25.2010

    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."

Edgeworth Insights

  • Blog, 12.04.2023

    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.

  • Blog, 10.11.2023

    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.

  • Blog, 01.10.2023

    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.

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