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 conducted economic analysis and managed case teams in support of academic experts in a broad range of cases, including intellectual property, false advertising, tax, class certification, and major antitrust litigation. She has also supported the FTC and parties in a variety of merger investigations. Ms. Kirk Fair has supported academic experts in prominent antitrust cases involving allegations of multinational and domestic cartels in the technology, consumer products, and finance industries, as well as allegations of monopolization and price fixing in both the financial services and IT industries. In particular, she has assisted with quantitative analyses and market research examining the consistency of plaintiffs' claims in the defense of multiple class certification matters in the financial services industry for payment card clients and several major brokerage houses. In Discover v. MasterCard and American Express v. Visa, MasterCard, and Issuing Banks, she oversaw multiple analyses in support of experts assessing damages and market equilibrium. 

Ms. Kirk Fair has extensive experience in the development, administration, and analysis of surveys in antitrust, false advertising, and intellectual property matters, as well as merger reviews and strategy cases. She has supported the design and implementation of online, mall-intercept, and telephone surveys using a variety of methodologies, including conjoint and experimental designs. She has also served as an expert witness, testifying in arbitration, deposition, and at trial in matters involving the design and implementation of consumer surveys, as well as the evaluation of plaintiffs' surveys and statistical sampling and analyses. In addition, she has served as an expert witness in matters involving corporate valuation, patent infringement (analyzing both lost profits and reasonable royalty damages), breach of contract damages, and trademarks. Ms. Kirk Fair has supported academic experts in undertaking analyses of and surveys related to consumer perception, feature value, and marketing procedures in connection with IP and antitrust disputes, as well as fraudulent claims suits and trademark matters. Her work has been used to support and critique damages models, and to provide insights into the role of consumer choice in market definition. She has been invited to speak in front of the American Bar Association, the New York State Bar Association, and the Canadian Bar Association on survey, consumer protection, and competition issues, and has published widely on the use of scientific surveys in these areas.

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