Horizontal Trade Restraints
We examine competitive issues surrounding horizontal trade restraints that involve anticompetitive behaviors between competitors.
Our work includes:
- Defining the relevant antitrust market
- Analyzing transaction data, contracts, and bids
- Measuring market concentration and conditions of entry
- Assessing potential “but-for” prices based on our analysis of market data and economic profits
We have worked on cases involving allegations of tacit collusion, explicit price fixing and market allocation, boycotts, and joint ventures.
Our staff has analyzed complex issues such as network effects and two-sided platforms – of particular importance in evaluating horizontal trade restraints in the technology and payment card industries
When Price-Fixing Is Alleged
Vice President Michael Beauregard lays out the data sources and statistical screens that economic experts can use in the early stages of a government investigation into possible collusion.
We assist counsel and clients at all stages of litigation involving horizontal trade restraints, from responding to allegations to assessing class action claims.
We have, for example, examined liability and damages claims in connection with investigations into allegations of price fixing in high tech industries by antitrust authorities in Asia, the EU, and the U.S.
We have moderated ABA Section of Antitrust Law teleconferences on international cartels, class certification, resale price maintenance, international antitrust regulation, and the role of economic experts. We have also presented at ABA annual meetings, covering topics such as most-favored nation clauses, price discrimination in mergers, and antitrust issues associated with biosimilar entry.