Antitrust expert witnesses

Expert class library · 8 classes

The economists in cartel, monopolization and labor-market cases: overcharge models, class-wide impact, pass-through and market definition, for plaintiffs and defendants.

Each class is defined by role and method, never by a person or a firm. Open one for what its testimony turns on, how it is attacked, and the rulings, each summarised from the opinion and linked to it.

Usually retained by plaintiffs

Cartel-overcharge damages economist

Before-and-after regression · Benchmark or yardstick comparison

Plaintiff common-impact economist

Pricing structure analysis · Class-wide regression with impact dummies

Exclusionary-conduct damages economist

But-for market share modeling · Yardstick and benchmark analysis

Labor-market antitrust economist

Compensation structure analysis · Wage regression with conduct variables

Usually retained by the defense

Defense class-certification antitrust economist

Uninjured class member analysis · Disaggregated regression testing

Defense cartel econometrician

Re-estimation of the plaintiffs' overcharge regression · Benchmark period and structural break testing

Retained by either side

Indirect-purchaser pass-through economist

Pass-through regression · Distribution chain mapping

Market-definition economist

Hypothetical monopolist (SSNIP) test · Critical loss analysis

Recent rulings

The 12 most recent of 30 rulings in this practice, newest first. Each links to the free opinion on CourtListener and to the class it belongs to.

Outcome	Case	Court	Expert class
Exclusion reversed	Teradata Corp. v. SAP SE124 F.4th 555	9th Cir. 2024	Market-definition economist
Sent back for review	Home Depot U.S.A., Inc. v. Lafarge North America Inc.59 F.4th 55	3d Cir. 2023	Cartel-overcharge damages economist
Admitted	Olean Wholesale Grocery Co-Op v. Bumble Bee Foods LLC31 F.4th 651	9th Cir. 2022	Defense class-certification antitrust economist
Admitted	Olean Wholesale Grocery Cooperative v. Bumble Bee Foods LLC31 F.4th 651	9th Cir. 2022	Plaintiff common-impact economist
Exclusion reversed	Viamedia, Inc. v. Comcast Corp.No. 18-2852	7th Cir. 2020	Exclusionary-conduct damages economist
Admitted	In re Rail Freight Fuel Surcharge Antitrust Litigation (MDL No. 1869)934 F.3d 619	D.C. Cir. 2019	Plaintiff common-impact economist
Excluded	In re Libor-Based Fin. Instruments Antitrust Litig.299 F. Supp. 3d 430	S.D.N.Y. 2018	Plaintiff common-impact economist
Limited	In re Delta/AirTran Baggage Fee Antitrust Litigation245 F. Supp. 3d 1343	N.D. Ga. 2017	Defense cartel econometrician
Limited	In re Digital Music Antitrust Litigation321 F.R.D. 64	S.D.N.Y. 2017	Indirect-purchaser pass-through economist
Limited	In re Domestic Drywall Antitrust Litigation322 F.R.D. 188	E.D. Pa. 2017	Defense cartel econometrician
Admitted	In re Rail Freight Fuel Surcharge Antitrust Litig.292 F. Supp. 3d 14	D.D.C. 2017	Defense class-certification antitrust economist
Admitted	Insight Equity v. Transitions Optical, Inc.252 F. Supp. 3d 382	D. Del. 2017	Exclusionary-conduct damages economist

Other practice areas

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The library summarises public decisions for orientation; it is not legal advice. Read the opinion before relying on any ruling. No individual expert is named.