November 22, 2016

Brattle Economists Co-Author Article for Global Arbitration Review on Damages in Competition and Antitrust Arbitrations

Brattle Principals Carlos Lapuerta and Richard Caldwell have co-authored an article published in Global Arbitration Review’s (GAR) Guide to Damages in International Arbitration that addresses issues relevant to the calculation of damages from competition claims.

In the article, “Damages in Competition/Antitrust Arbitrations,” the authors point out that several arbitrations involve competition law claims. More specifically, in arbitration proceedings that involve contracts, one party may claim that a particular contractual provision is anticompetitive, or that market power or abusive conduct has distorted the market in a manner that is relevant to the question facing the tribunal.

To further explain the issues related to the calculation of damages from these claims, Mr. Lapuerta and Mr. Caldwell discuss the determination of market shares and the calculation of overcharges in price-fixing and monopolization cases. Additionally, they debate claims that damage awards can distort competition or set adverse precedent that would undermine the future enforcement of competition law.

To read the article in its entirety, please use the link below.

Associated Experts
Caldwell 3
Richard Caldwell has extensive experience in economic and financial analysis and valuation across a broad range of industries, from electric power and natural gas to banking and credit cards. More icon f02782c24cccaf6d90e1da53920c42f20e5a8955f54ac2ca5727ec7dc89987b4
Lapuerta 103pp
Mr. Lapuerta is an expert in economic analysis and financial valuation, which he frequently applies to estimate damages in international arbitration proceedings. More icon f02782c24cccaf6d90e1da53920c42f20e5a8955f54ac2ca5727ec7dc89987b4