Daubert Motion Granted based on Testimony of Brattle Principal Daniel McFadden

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May 14, 2015, 03:53 ET

NEW YORK, May 14, 2015 /PRNewswire/ -- Relying on testimony by The Brattle Group principal Daniel McFadden, Federal District Judge Shira Scheindlin granted in part a Daubert motion to exclude estimates of damages in an antitrust class action against the MLB and NHL professional sports leagues. As a result of this decision, class certification with respect to past damages was denied.

In the litigation, two classes of Plaintiffs challenged league rules that establish exclusive market territories for television broadcasting of live games (Southern District of NY 12-cv-1817(SAS) and 12-cv-3704 (SAS)). For a fan who lives outside a team's territory to watch all the team's games, a league-wide subscription package would be required. Plaintiffs claimed that these fans were damaged as a result of paying for subscriptions containing all games, whereas they may prefer a telecast from a single team. Professor Roger Noll of Stanford University submitted a model in support of the Plaintiffs that purported to estimate the overcharges suffered by class members as a result of the territorial restrictions.

The Defendants contended that Professor Noll's model failed to appropriately characterize consumer preferences and behavior, known as the demand side of the model, and that Professor Noll overly simplified the pricing and negotiation behavior of the leagues and the teams, the supply side of the model. Brattle principal Professor Daniel McFadden, co-recipient of the 2000 Nobel Prize for Economic Sciences, opined on the flaws of Professor Noll's demand analysis.

Based on Professor McFadden's testimony, Judge Scheindlin granted the Defendants' Daubert motion with respect to Professor Noll's demand analysis, concluding that:

"Dr. McFadden offers a number of criticisms of Dr. Noll's model, ultimately characterizing it as "junk science." All of the independent, perceived flaws that inform Dr. McFadden's conclusion fit one common theme: the Demand Side relies too heavily on mathematical assumptions and random error, and too little on actual data about consumers and their preferences."

The team working with Professor McFadden included Dr. Armando Levy, Dr. Michael Cragg, and Dr. Charles Gibbons.

The Brattle Group analyzes complex economic, financial, and regulatory questions for corporations, law firms, and governments around the world. We are distinguished by the clarity of our insights and the credibility of our experts, which include leading international academics and industry specialists. For more information, please visit www.brattle.com.

SOURCE The Brattle Group