Expert Testimony

Our Stout expert presented an expert opinion and testimony in an antitrust matter in federal court involving class action allegations of monopolization and attempted monopolization in violation of the Sherman Act.  The plaintiff alleged that the defendant exerted monopoly power over the market for specialized commercial bakery equipment through tying, refusal to deal, and other anti-competitive behaviors.  Our expert critiqued a report issued on behalf of the plaintiff by a Ph.D. economist, who presented a hypothetical analysis of market concentration utilizing the Herfindahl-Hirschman Index (HHI) that the Department of Justice uses to evaluate mergers.  Our independent research of publicly-available information identified information sources from which to estimate actual market concentration, rather than the hypothetical one utilized by the plantiff’s expert.  We also provided evidence and analysis to refute the expert’s market definition, which was based almost entirely on representations from the lead plaintiff.  The judge noted these criticisms in his summary judgment ruling in favor of the defendant.