What Should an Expert Report for Cartel Damages Include? A Practical Checklist for Lawyers

Cartel damages cases require clear, defensible economic analysis. A well structured expert report helps courts and opposing parties understand the counterfactual, the estimation approach, and the robustness of results. This checklist helps litigators scope engagement and reduce rounds of follow up.

Core sections every damages report should contain

• Executive summary: concise findings, estimated damages range, key assumptions.
• Factual background: chronology of the cartel, affected products, and relevant contracts.
• Economic framework: statement of the counterfactual, affected markets, and economic rationale.
• Data and evidence: sources, cleaning steps, and limitations.
• Methodology: models used, identification strategy, and why they are appropriate.
• Results and sensitivity: point estimates, confidence intervals, and alternate specifications.
• Limitations and caveats: transparent discussion of uncertainty and data gaps.
• Conclusions: quantified damages, apportionment if needed, and next steps for discovery or expert exchange.

Common econometric approaches and when to use them

• Difference in differences, for comparing affected and unaffected groups across time.
• Synthetic control methods, for constructing counterfactual price or volume paths when comparators are weak.
• Panel regressions, to exploit cross-sectional and time variation.
• Structural models, when market structure or supply responses must be explicitly modelled.
• Event study and time series analysis, for short term price shocks.

Choose methods that match data richness and the legal standard of proof.

Data and documents the expert will typically request

• Transaction-level prices and volumes, invoices or billing records,
• Customer-level purchasing histories, contract terms and discounts,
• Internal communications, meeting notes, and procurement files,
• Market share estimates, industry reports, and public filings,
• Any contemporaneous evidence of collusion or price coordination.

Provide clean extracts, a codebook, and a short data memo to speed analysis.

Practical tips to control cost and strengthen the report

• Agree counterfactual scenarios early, to limit rework.
• Stage deliverables, for example an initial damages range followed by refined estimates.
• Provide benchmark data and access to a small validation sample before full production.
• Insist on transparent code and reproducible outputs, to avoid disputes about methodology.

If you would like a blank report template or a short list of documents to request in initial discovery, I can share a tailored checklist for your case and jurisdiction.