Compared to other jurisdictions, such as the US, economic expert reports have only relatively recently become commonplace in determining follow-on damages in German cartel proceedings. In his article in the Global Private Litigation Committee’s December 2023 newsletter, published by the American Bar Association Antitrust Law Section, Analysis Group Vice President Philipp Tillmann summarizes changes being debated in the German antitrust community over how German courts could make more effective use of such expert reports.
Dr. Tillmann discusses concerns related to the cost and organization of proceedings, objective standards for expert reports, and how to manage experts’ divergent conclusions. He also outlines several proposed solutions, including relying on court-appointed economists, adopting common standards for experts and their reports, bundling small claims to allow for true class actions, and utilizing specialized courts to handle antitrust matters.
Associated People
Philipp Tillmann
Dr. Tillmann is an economist who specializes in the application of microeconomics, econometrics, and statistical methods to litigation matters, investigations, and strategy assignments. He has served as an expert witness and has supported expert witnesses, managed case teams, and conducted analyses in merger, cartel, abuse of dominance, and other matters across a broad range of industries and jurisdictions, including in the EU, the US, Canada, the UK, and Australia.
He regularly assists clients across all phases of merger cases, from pre-announcement through investigation, litigation, and compliance monitoring. His clients include merging parties, the US Department of Justice (DOJ), the Federal Trade Commission (FTC), and state attorneys general.
Dr. Tillmann holds a Ph.D. in economics from the University of Chicago, and his research has appeared in outlets such as the Journal of Competition Law & Economics and the American Journal of Political Science. He has taught economics to undergraduate and graduate students at The University of Chicago, the University of Rochester, and the University of Cologne.