The goal of damage analysis typically is to estimate the monetary award that
would compensate the plaintiff for its financial loss caused by the defendant’s
unlawful conduct. The economist’s task is to use a generally-accepted methodology
to estimate how the plaintiff’s financial performance would have unfolded
absent the defendant’s bad acts. Once the economic position of the plaintiff
but-for the defendant’s unlawful conduct has been determined, damages are
calculated as the difference between the plaintiff’s but-for and actual
MiCRA’s economists have performed damage analyses for plaintiffs and for
defendants in cases involving a broad range of alleged violations and industry
types. These include the estimation of: overcharges in price fixing cases; lost
profits in monopolization, patent, and copyright infringement, false advertising,
and breach of contract cases; reasonable royalty rates; and appropriate discount
rates for calculating the present value of future losses and post-judgment interest.
In addition, our economists have participated in numerous class certification
proceeding in class action cases.