Applied Marketing Science (AMS) has considerable experience developing and implementing surveys for use by defendants in disputes involving market power assessments.

Consumer surveys can be instrumental in determining the relevant market for a product or service. They can highlight the importance of various product characteristics to customers, the propensity of customers to switch products, the alternatives for customers should they switch, and customers' historic consumption and switching patterns.

Uniquely Experienced in Legal Surveys

AMS understands the legal standards for the use of surveys in litigation. In every facet of our opinion surveys - choice of the survey population, use of control groups, question formats, and statistical analysis - we can develop rigorous questionnaires that have been accepted by numerous courts to prove and refute allegations. We understand the subtle factors that can prompt people to recall their experiences and know how to create questions that are properly targeted toward identified issues but are not leading or biased. Our 19 years of interviewing customers in dozens of industries have helped us understand the customer mindset, enabling us to "crawl into the minds of consumers."

Familiar with Legal Strategy and Process

AMS consultants know how to talk to attorneys and can work with you in the manner that best suits each case; either with significant early involvement in establishing the legal strategy, or on a "last-minute" basis within tight deadlines. We work with leading economic consulting firms and can design surveys and produce data to support economic analysis.

Market Power Analysis Services

  • Survey design and implementation
  • Identification and support of appropriate marketing experts
  • Evaluation of the likely benefits of collecting market research data
  • Critique of opposing expert reports
  • Guidance on the deposition and trial questioning of opposing expert witnesses

Network of Consultants and Expert Witnesses

AMS works with academic experts spanning a range of academic disciplines, including:

  • Market research methodology
  • Consumer preference and behavior
  • Brand equity and loyalty
  • Advertising
  • Marketing communications
  • Product development and innovation
  • E-commerce
  • Customer satisfaction measurement
  • Sales promotion
  • Market response models

AMS also collaborates with Ph.D. economists and finance experts from leading economic consulting firms across the country.

Send inquiries to litigation@ams-inc.com or contact Shelley Schussheim, Vice President, at (781) 250-6304.