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.

Access the webinar here.

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Shireen Meer


Washington, DC