In a class action alleging monopolization and conspiracy to allocate customers and geographic markets among medical waste services providers, CRA staff was retained by counsel for one of the defendants to analyze economic issues related to class certification. CRA’s expert demonstrated that the effect of defendants’ alleged actions depended on multiple factors unique to each customer and each claim, including the customer’s location, the type and volume of waste, and other customer-specific factors. As such, assessing the impact of the defendants’ alleged behavior would require investigation into the individual circumstances for each class member. This work was cited by the court in its decision not to certify the class.
New research on the use of conjoint surveys with market simulation analysis for damages estimation in consumer protection class action litigation
Market simulations that we have seen used in consumer protection class action litigation apply what is known as the static Nash Bertrand model of competition...