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 Litigation Support Summary
 
 
 

Litigation support for antitrust is seldom routine. It must be tailored to each particular case and to the characteristics of each industry involved. Analyses may address not only traditional questions – market definition, market conduct, and market power - but also questions about potential competition, contestability, firm behavior and the credibility of competitive response.

The issues can be complex, requiring either sophisticated theoretical models of firm and industry behavior, intricate analyses of statistical data, or both. However complicated the study, or the economic and statistical tools used to perform it, the conclusions of that analysis must form the basis for a clear, convincing argument.

In the area of antitrust Econsult has been involved in the analysis of a variety of issues including:
  • Monopolization
  • Price-fixing
  • Class Certification
  • Vertical Relationships
  • Robinson-Patman
  • Mergers and Acquisitions
  • Damages
Econsult Corporation has assembled a distinguished team who have had extensive experience analyzing the key issues that arise in Sherman Act, Clayton Act, and state antitrust cases including:
  • Geographic and Product Market Definitions
  • Class Certification
  • Herfindahl Indices of Concentration
  • Entry Barriers, Potential Competition, and Contestability
  • Monopolization and Attempts to Monopolize
  • Predatory Pricing and Non-Price Predation
  • Price Fixing
  • Other Horizontal Restraints of Trade, Including Tacit Collusion
  • Vertical Price and Non-Price Restraints of Trade
  • Essential Facilities
  • Mergers and Acquisitions
  • Patents and other Intellectual Property Rights