Stephanie Difederico and Jameson Edmond Casey v. Amazon.com, Inc. et al.
Joseph Farrell submitted expert reports in a Canadian class action litigation on behalf of plaintiffs who allege that Amazon and third-party sellers agreed on a most favored nation (MFN) provision, which prohibits third-party sellers from offering their products on platforms other than Amazon at prices that are lower than the prices they charge on Amazon. Plaintiffs further allege that this pricing restriction resulted in inflated prices of products sold in retail e-commerce. Dr. Farrell articulated a plausible mechanism through which the MFN provision would cause competitive harm, described empirical methodologies that would allow him to estimate damages, and discussed the data and other information that could be used as inputs for damage estimation.