The Shortcomings of Conjoint Analyses in Measuring Fair Market Value

Weil, Gotshal & Manges LLP
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Plaintiffs in false advertising class actions often seek to recover the purported “price premium” members of the proposed class allegedly paid as a result of alleged misrepresentations or omissions. To isolate the purported price premium, plaintiffs often retain an expert to prepare a conjoint analysis, an economic analysis that supposedly measures the product’s fair market value based on consumer responses to surveys supposedly designed to measure consumers’ “willingness to pay.”

However, courts have been increasingly skeptical of the use of conjoint analyses as a method of establishing class injury...

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