Don't Damage the Damages Analysis: Avoiding Misuse of Benchmarks
February 28, 2023
American Bar Association Antitrust Law Section Economics Committee
Shireen Meer spoke in the webinar “Don’t Damage the Damages Analysis: Avoiding Misuse of Benchmarks.” She discussed important considerations on the proper selection and use of a benchmark. The discussion was moderated by Dr. Kimberly Conlon, an economist at the Federal Trade Commission.
A proper damages analysis is essential for the estimation of economic harm. When using the benchmark approach in constructing a damages model, an incorrect or improperly used benchmark can bring the whole model crashing down. This is true for disputes across industries and practices: commercial litigation, antitrust, infringement, breach of contract, etc.