Private Enforcement of Antitrust Law in the United States

Private Enforcement of Antitrust Law in the United States

A Handbook

Edited by Albert A. Foer and Randy M. Stutz

Private Enforcement of Antitrust Law in the United States is a comprehensive Handbook, providing a detailed, step-by-step examination of the private enforcement process, as illuminated by many of the country’s leading practitioners, experts, and scholars.

Chapter 8: Economic Experts

James Langenfeld, Gregory G. Wrobel and Michael J. Waters

Subjects: law - academic, competition and antitrust law, law -professional, competition and antitrust law

Extract

James Langenfeld, Gregory G. Wrobel, and Michael J. Waters1 § 8.01 § 8.02 § 8.03 § 8.04 § 8.05 § 8.06 § 8.07 § 8.08 § 8.09 § 8.10 § 8.11 § 8.12 § 8.13 § 8.14 § 8.15 Introduction Selecting economic experts Framing the issues Complaint and motion to dismiss Discovery Class certification Report of testifying expert Rebuttal expert and report Expert depositions Summary judgment motions Daubert and other gatekeeper motions Expert witness trial preparation Trial testimony Post-trial briefing and argument Types of economic analyses 8.15.1 Elements of antitrust claims and defenses 8.15.1(a) Inference of cartel conduct 8.15.1(b) Market definition and market power 8.15.1(c) Anticompetitive effects 8.15.1(d) Antitrust injury 8.15.1(e) Damages 8.15.2 Analytical methods 8.15.2(a) Natural experiments and benchmarking 8.15.2(b) Statistical and econometric analyses 8.15.2(c) Critical loss 8.15.2(d) Diversion analysis and upward pricing pressure § 8.16 Conclusion 1 James Langenfeld is a Managing Director at Navigant Economics, adjunct professor at Loyola University Chicago School of Law, and former Director for Antitrust in the Bureau of Economics of the Federal Trade Commission. Gregory G. Wrobel is a shareholder, head of the Antitrust Practice Group and member of the Litigation Practice Group of Vedder Price P.C. Michael J. Waters is a shareholder and member of the Litigation and Antitrust Practice Groups of Vedder Price P.C. 211 M2937 - FOER 9780857939593 PRINT.indd 211 31/07/2012 10:45 212 Private enforcement of antitrust law in the United States Introduction § 8.01 Antitrust statutes focus on restraints of trade, monopoly, competition, markets, and consumer welfare. These concepts are grounded in economic principles, so...

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