Nathan has a long-held reputation for excellence in antitrust testimony and consulting.
We’ve supported clients from a variety of industries in numerous landmark antitrust cases. With deep experience managing large databases and performing complex, state-of-the-art statistical analyses, our knowledgeable and proven teams use a holistic perspective to assess market power, estimate damages, define relevant markets, and evaluate economic evidence of impact and liability. Working with a collaborative focus, we partner with counsel to structure economic arguments, guide fact discovery, prepare reports and expert testimony, respond to opposing experts, and support the legal team through expert depositions and trial. Nathan has provided expertise on class certification, liability, and damages in cases before U.S., Canadian, European, and Australian courts.
Our team combines analytical rigor, versatility, and a collaborative approach to meet the complex challenges of class certification, whether from the plaintiff or the defense side. Recent trends in the legal environment have raised the bar for class certification in the U.S. At the same time, class action and competition law in Europe and other overseas jurisdictions has been evolving rapidly. In these matters, it is more important than ever for counsel to work closely with experts in competition economics and/or damages throughout the class certification process in both the U.S. and Europe. Our team has the necessary experience and insight to help counsel meet these growing challenges.
While effective antitrust counseling may begin with an understanding of the federal antitrust guidelines, it almost never ends there. We guide counsel toward, and then through, specific antitrust issues that could become the fulcrum of any particular matter. For example, in merger analysis, it is important to determine whether the primary issues will center on analyses of market definition or on a perceived or actual possibility of post-merger unilateral price increases, or, instead, center on whether regulators are likely to focus on possible post-merger collusion or other potential adverse consumer effects. Our antitrust experts are well versed in these distinctions, and can help counsel focus their efforts on the antitrust issues that provide the greatest benefit.
Allegations of exclusive dealing, price discrimination, predatory pricing, entry deterrence, and other forms of foreclosure that may stem from monopoly market power are all highly fact-specific and require careful economic analysis of the context in which they occur. Our experts examine the extent to which a challenged behavior is more consistent with pro-competitive explanations or the alleged anticompetitive actions and effects. By leveraging our team’s extensive experience and our holistic approach to claims of monopolization or other allegedly inappropriate behavior by dominant firms, we help counsel focus on the critical underlying economic issues that define such cases. Our experts are accustomed to defining relevant markets, analyzing market power, and assessing potential harm to competition in these matters.
Our experts have worked on numerous matters involving alleged collusion between competitors. Specific allegations in these matters can vary widely, involving price-fixing, bid-rigging, market/customer allocation, coordinated capacity reductions, or other forms of collusive marketplace behavior that generally are treated as violations of U.S. and international competition law.
Effective economic analysis can make significant differences to client outcomes on either side of such cases. For example, to evaluate antitrust liability our experts analyze industry data, firm-specific data, and documents, along with intra- and inter-firm communications. Our experts are also often called upon to use econometric analysis and other sophisticated economic techniques to evaluate antitrust liability and to quantify the amount of any damages that may have ensued from such liability if present. These techniques can also assist our experts in defining relevant markets, analyzing market power, and assessing potential harm to competition in these matters.