Comcast v. Behrend held that a damages model must measure damages resulting from the particular antitrust injury on which liability rests. Courts have applied the principle across claim types with varying rigor.

The fit requirement is analytically distinct from reliability.

Alternative Names:

Comcast Objection|Damages Fit Challenge

Why it Matters?

Fit is distinct from reliability, which means a methodologically sound model still fails if it measures damages from conduct beyond the certified theory, and that argument does not require attacking the expert's competence. Where multiple theories were pleaded and only some certified, the model built for the full complaint frequently overreaches. Identifying that mismatch is a cleaner argument than a methodology attack.

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Frequently asked questions

How does fit differ from reliability?

How does fit differ from reliability?

A methodologically sound model still fails if it measures damages from conduct beyond the certified liability theory.

When does the mismatch arise?

When does the mismatch arise?

Where multiple theories were pleaded and only some certified, leaving a model built for the full complaint.