Agricultural horizontal price-fixing

Problem 

  • Identify evidence of parallel price conduct by cartel members at pleading stage

  • Conduct “plus factors” analysis

  • Calculate damages based on a but-for model to estimate the counterfactual price that would have occurred absent collusion

 

Solution

  • Fideres performed a Welch’s t-test to identify a structural break in prices between the competitive prices and the collusive prices

  • We conducted a regression analysis to model counterfactual prices while accounting for supply and demand factors

  • Fideres conducted market structure analysis to show a high concentration among the cartelists as well as plus factors to support allegations of anti-competitive conduct

 

RESULT

  • Fideres economic analysis was used in the filing of a class action complaint

  • The court denied the motion to dismiss

  • Class-wide damages estimates were provided for each of the product categories