View video highlights from our Expert Forum in London, focused on ‘Frontline Perspectives on Recent Developments in Competition Litigation, AI and Mergers.’
The Forum, held on 20 November 2024, brought together leading experts to explore the evolving competition litigation landscape, with an emphasis on the importance of economic evidence and innovative theories of harm.
In recent years, the class action litigation landscape has been transformed, driven by an increasing reliance on diverse types of expert evidence. A broader spectrum of specialists, including behavioural economists, valuation experts and survey professionals, are supplementing competition economists as a means to strengthen legal arguments.
We are pleased to share video highlights featuring Sarina Williams of Linklaters; Brian Kennelly KC of Blackstone Chambers; and Professor Rajesh Bhargave of Imperial College Business School, discussing the role of expert testimony as class action litigation continues to evolve.
Sarina Williams: The Role of Experts in Class Action Litigation
As class action cases grow more complex, the need for nuanced expert testimony has become paramount. Recent developments indicate that while courts are scrutinising the independence of experts more closely, they also recognise that methodologies can adapt as cases evolve. This raises a critical question: Is it beneficial to challenge expert evidence during the certification phase?
While minor methodological concerns may not merit a challenge, significant flaws should be addressed. For instance, if an expert’s analysis fails to consider essential elements of a multi-sided market, it may be strategically advantageous for defendants to highlight these issues early in the process. This proactive stance can exert pressure on the opposing party and influence funding and budgeting decisions.
Brian Kennelly KC: Selecting the Right Expert
The selection of the appropriate expert is crucial in class action litigation. An expert’s qualifications and experience play a vital role, especially in contested cases. An academic background can indicate a strong grasp of the subject matter, but practical courtroom experience is equally important. An expert’s ability to navigate cross-examination and fulfill their responsibilities can significantly affect the case’s outcome.
Engaging with potential experts to assess their understanding of their role can provide valuable insights into their ability to provide effective advocacy.
Rajesh Bhargave: The Complexity of Behavioural Economics
Incorporating behavioural economics into class action litigation adds further complexity. Variable interpretations of consumer behaviour among behavioural economists can lead to differing conclusions. For example, the ongoing debate about whether an abundance of choices results in decision paralysis or enhances satisfaction highlights the intricate nature of consumer decision-making.
Differing philosophical approaches to rationality and evidence interpretation further complicate the picture. Even when analysing the same data, experts may arrive at divergent conclusions, based on their methodologies and training. This complexity presents challenges for litigators, both in presenting and contesting expert evidence.