Antitrust price discrimination and damages claims

CRA Vice President Dr. Timothy Snail advised counsel to Firestone, a roofing products manufacturer, and testified at deposition on economic issues related to market definition, merits, causation and damages in antitrust litigation in federal court.

The litigation involved a diversified manufacturer’s pricing, sales and distribution of commercial roofing products and distributors’ provision of related services to customers. An independently owned building materials distributor and supplier alleged that the manufacturer engaged in secondary-line price discrimination under the Robinson Patman Act involving roofing products, resulting in overcharges, lost sales, and lost profits to the distributor.

Dr. Snail testified that the manufacturer’s pricing practices did not have preferential effects on distributors, its rebate practices addressed business conditions, its practices did not cause harm to the distributor or competition, and the opposing expert’s econometric damages methodology was unreliable. The case was voluntarily dismissed before trial with the parties bearing their own costs.

Dr. Snail was supported by a CRA team that included Sarah Black, Joe Marin and others.

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