Antitrust

We have broad experience in both antitrust litigation and merger and acquisition (M&A) issues.  We have testified in connection with alleged violations of the Sherman, Clayton, and Robinson-Patman Acts, as well as in Hart-Scott-Rodino M&A. We have provided consulting and expert witness services related to the potential anticompetitive effects and offsetting efficiency gain effects of proposed M&A transactions.  We have also advised European clients with respect to M&A and other antitrust issues.

Members of our firm teach courses in antitrust, law and economics, and price theory (including the economics of monopoly and oligopoly) and related topics at The University of Chicago, Kellogg Graduate School of Management at Northwestern University, University of Notre Dame, and University of Virginia.

We provide economic analysis and testimony, which we have done in connection with claims such as anticompetitive horizontal agreements (price fixing, bid rigging, potential anticompetitive effects of joint ventures), unilateral conduct (predatory pricing, refusals to deal, monopolization via patent fraud) and vertical restraints (exclusive dealing, requirement contracting, tying and bundling). 

We were recently engaged by the U.S. Department of Justice (DOJ) to analyze the proposed Oracle/Peoplesoft and Concord EFS/First Data mergers and were previously engaged by the DOJ to assess the rate of return earned by credit card issuers (Visa USA litigation).

Our experts have testified at each stage of the litigation process. In class action litigation, we have provided testimony regarding certification, liability, and damages. In private litigation between business entities, we provided testimony in the recently concluded Applied v. Ethicon, et al. and previously in Continental Airlines and Northwest Airlines v. American Airlines.  In litigation between government and private entities, we testified in such cases as U.S. v. Microsoft and Costco v. Hoen, et al.