Antitrust & Competition: Damages

Compass Lexecon has extensive experience estimating potential damages from alleged or proven antitrust infringements. We have worked on a wide variety of cases, across a broad range of industries, for both defendants and claimants.

Our testifying experts are renowned for high quality, robust analysis, compelling argumentation, and clear communication style. An integral part of Compass Lexecon’s role in damages cases involves constructing the counterfactual scenario (i.e. the scenario absent the conduct), in order to understand the impact of the conduct on prices, output, and profits of market participants. To do this, we work closely with our clients to gain a deep understanding of their business and the different drivers of competition and prices. We use a broad variety of techniques for estimating the counterfactual, since the best method varies case by case depending on the availability of data, the nature of the product, and the environment in which companies operate.

In the U.S., our experts have provided expert testimony before U.S. state and federal courts, federal regulatory agencies (including the Department of Justice, the Federal Trade Commission, the Federal Communications Commission, the Federal Energy Regulatory Commission, the Department of Transportation, the International Trade Commission, and the Surface Transportation Board), state regulatory agencies, and arbitrators.

Globally, our experts have testified in the General Court of the European Union, the European Court of Justice, the U.K. High Court, and the U.K. Competition Appeals Tribunal.