The Brattle Group has expertise in supporting testimony at the class certification stage of antitrust class action litigation. We have supported top-tier academics by performing statistical analyses of detailed sales data and by analyzing market structure to aid the court in deciding whether a purported class meets the requirements set forth by Rule 23. These analyses include regression analyses of sales data to address price dispersion, which is increasingly required to meet the evolving standard of proof for class certification, analyses of entry costs, and analyses of market structure.
The Brattle Group provided expert testimony in a class action price fixing lawsuit involving the leading manufacturers of DRAM chips or modules. The work included support of academic experts on liability, while a Brattle expert opined on determination of impact, estimation of damages, and critique of testimony by opposing experts.
Major airlines were accused of using certain types of fare changes to “signal” and coordinate their pricing plans. Members of The Brattle Group analyzed fare changes for dozens of fare classes for all major airlines over a period of several years. We investigated specific fare change episodes to determine whether each had the alleged effect of increasing prices. Our analysis demonstrated that patterns of airline fare changes were not uniform across airlines, across fare classes, nor over time.
In a case involving alleged collusive trading practices among NASDAQ member firms, members of The Brattle Group analyzed the composition of the class and advised counsel on the accuracy of the class selection procedure in adhering to selection rules proposed by the plaintiffs’ experts.
Unobserved Factors In Antitrust Class Certification
May 14, 2014
Published on Law360