Antitrust and Competition
The experts and affiliates at Coherent Economics have decades of experience on antitrust issues. Our experts have appeared before competition authorities in the U.S. (including the Federal Trade Commission and the Department of Justice) and have been engaged by authorities in various jurisdictions around the world including Canada, the European Union, Australia, and New Zealand. They have also provided expert testimony in state, federal, and international jurisdictions on a variety of antitrust and competition matters, both for plaintiffs and defendants.
Areas of Expertise
We routinely analyze questions relating to the competitive effects of disputed conduct and the appropriate measure of damages through the application of economic theory, factual inquiry, and empirical methods. Our past antitrust and competition engagements have involved issues including:
- Price fixing
- Exclusionary conduct
- Other restrictive practices
- Class certification
- Mergers and acquisitions
- Intellectual property
- Public policy
In addition, we have developed a deep knowledge of competitive issues in specific markets and industries including payment systems, automotive manufacturing, consumer electronics, retailing, and pharmaceuticals, among others.
Select Prior Engagements
- Dr. Alan Frankel has testified on three separate occasions before the European Commission on behalf of EuroCommerce, as a complainant, in Commission investigations into anticompetitive conduct relating to interchange fees imposed by Visa and MasterCard. The European Commission's 2007 decision against MasterCard was subsequently upheld on appeal by the European Court of Justice in 2014. The Visa investigation is ongoing, and partial binding decisions by the Commission have curbed the interchange fees Visa may charge in the European Economic Area.
- Dr. Frankel was retained to provide direct and rebuttal testimony concerning the competitive effects of early termination fees charged by regulated telecommunications providers before the Illinois Commerce Commission on behalf of SBC Illinois, and before the Public Service Commission of Wisconsin on behalf of Wisconsin Bell.
- Our experts have been engaged to provide analysis of the competitive effects of mergers & acquisitions since the 1980s. For example, Dr. Frankel has been involved in such high profile transactions as the acquisition of General Foods Corp by Philip Morris, the RJR Nabisco - KKR leveraged buyout, and more recently, the merger of General Binding Corporation and Acco Brands.