Monopolization
We have analyzed a wide variety of monopolization and monopoly power claims in helping clients respond to allegations of violations of the Clayton Act and Section 2 of the Sherman Act. In addition to defining the relevant antitrust market, our analyses include:
- Predatory pricing
- Price discrimination
- Standards and networks
- Barriers to entry
- Bundled discounts
We develop processes for analyzing transaction data and innovative models to assess competitive effects. Our knowledge of industry-specific market dynamics is key to providing effective assessments of damages and lost profits.
Analysis Group used conjoint analysis to assess consumers’ preference for and use of particular features of software products in antitrust litigations involving Microsoft.
Analysis Group led the team providing economic support in more than 150 private, state, and federal overcharge litigations on behalf of Microsoft. We provided economic assistance to the attorneys and support for a number of academic experts in preparation for and during trial.
We have analyzed the role of business strategy when unfair rival behavior is alleged in order to explain a company’s underperformance. Our teams support experts who specialize in applying sophisticated business strategy analysis to determine if poor business decisions or other competitive factors are actually responsible.
Our experience also includes patent infringement cases that involve an antitrust counterclaim, where the defendant alleges that the patent holder has tried to extend monopoly power conveyed by its patent. Our expertise in both practice areas enables us to fully assess the antitrust and intellectual property aspects of these matters.