Using The Purchase Funnel To Analyze Consumer Behavior
By Nikita Piankov and Catherine TuckerMarch 1, 2018, 11:17 AM EST
Law360 (March 1, 2018, 11:17 AM EST) -- In a wide variety of litigation matters, questions of impact and damages turn on a belief that the defendant’s conduct caused consumers to buy more or fewer of a product than they would have otherwise. This belief is often embedded in claims of injury in antitrust, product liability and false advertising matters, as well as remedies in intellectual property disputes.
To prove that this belief is warranted, litigators have typically relied on economists to link the conduct to the alleged effect (e.g., higher price, lower sales),...