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March 30, 2023

Class Certified In Re: Pork Antitrust Litigation Based in Part on Hal Singer’s Analyses

Class Certified In Re: Pork Antitrust Litigation Based in Part on Singerā€™s Analyses

Dr. Hal Singerā€™s expert economic analyses and methodology for the Consumer Indirect Purchaser Plaintiffs was cited extensively in the courtā€™s decision to approve class certification. Ā Dr. Singerā€™s reports helped address classwide impact as well as classwide damages. Read some of the highlights below:

In regard to Dr. Singerā€™s regression and pass-through methodology designed to show anticompetitive effects, the decision states: “Dr. Singer presents a multiple regression analysis that tends to show that the alleged conspiracy inflated prices over competitive levels. (Singer Decl. Ā¶Ā¶ 123ā€“28, 144ā€“165.) He controlled for many factors that could lawfully increase pork prices, determined that Defendants overcharged direct purchasers for pork, that Defendants overcharged direct purchasers by approximately 12.8 to 15.3 percent, and that those overcharges were then passed on to indirect purchasers. (Id. Ā¶Ā¶ 141, 161, 168.) This analysis satisfies the burden that indirect purchasers have to show both common impact and pass-through. Dr. Singer corroborated his findings using data submitted by thirty-nine industry participants, who represent a variety of resellers in the pork supply chain. (Singer Decl. Ā¶ 181.) This analysis affirmatively demonstrates that Consumer IPPs can show common evidence of classwide impact.ā€

In regard to Dr. Singerā€™s in-sample prediction methodology designed to show common impact, the decision states: “Here, all three class experts determined that nearly 100% of direct purchasers were impacted. (Mangum Rep. Ā¶ 256; Williams Rep. Ā¶ 262; Singer Decl. Ā¶ 170.) Though Dr. Haider believes that their methodology may yield a large number of false positives, Dr. Haiderā€™s own analysis shows that at least 96.2% of direct purchasers yielded positive and statistically significant overcharges. (Reply Decl. Singer Ā¶ 98.) The experts also dispute whether Dr. Haider even correctly construed their methodology. (E.g., Williams Reply Rep. Ā¶Ā¶ 153ā€“159; Mangum Reply Rep. Ā¶ 127.)”

Dr. Singer was assisted by economist Augustus Urschel, who managed the case. Mr. Urschel was supported by researchers Madeleine Bowe and Jacob Linger.

Industries: Food and Beverage

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