Rebecca Kirk Fair

Managing Principal
Rebecca Kirk Fair



M.B.A., finance and applied economics, MIT Sloan School of Management; B.A., economics, Middlebury College

Summary of Experience

Ms. Kirk Fair has extensive experience leading the development of economic and market analyses, assessing class certification and damages, evaluating consumer behavior, and testifying in a wide range of matters in the US, Canada, and Europe. She has been deeply involved in merger investigations and major antitrust litigation, as well as intellectual property (IP), false advertising, and tax matters. She also is a founder of the Analysis Group’s Surveys & Experimental Studies practice.

Ms. Kirk Fair specializes in evaluating competition and substitution patterns to examine potential competitive effects in mergers and “but-for” outcomes in antitrust litigation. She has significant analytical and testifying experience in cartel matters, notably in a number of prominent cases in the technology, consumer products, and financial services industries. She also has evaluated competition, pricing, and outputs in connection with merger investigations in the US, Canada, and the EU. In addition to having served as a compliance monitor for several years, she has supported the US Department of Justice (DOJ), the Federal Trade Commission (FTC), and the Canadian Competition Bureau (CCB) in a variety of merger investigations.

Ms. Kirk Fair also has particular expertise in the development, administration, and analysis of consumer surveys for use in antitrust, false advertising, and IP matters, as well as merger reviews and strategy cases. She has testified in arbitration, deposition, and trial in matters involving the design and implementation of consumer surveys, as well as the evaluation of opposing parties’ surveys and of statistical sampling and analyses. Her work has been used to support and critique damages models and to provide insights into the role of consumer choice in market definition.

Ms. Kirk Fair serves as a Vice-Chair to the American Bar Association (ABA) Antitrust Law Section’s Pricing Conduct Committee. She has received numerous awards for her accomplishments, including the W@ “40 in Their 40s: Notable Women Competition Professionals” and the Concurrences Antitrust Writing Award for her coauthored article “The Tyranny of Market Shares: Incorporating Survey-Based Evidence into Merger Analysis” (Corporate Disputes).

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