Rebecca Kirk Fair

Boston
Education
M.B.A., finance and applied economics, MIT Sloan School of Management; B.A., economics, Middlebury College
Summary of Experience
Ms. Kirk Fair has over 25 years of experience conducting economic analysis and managing case teams in a broad range of matters. These include major antitrust litigation, merger and agency competition review, intellectual property, false advertising, tax, and class certification. Ms. Kirk Fair specializes in applying market research to the evaluation of competition and substitution patterns to examine potential competitive effects in mergers and but-for outcomes in antitrust litigation. She has significant experience in cartel matters, in which she has analyzed economic and statistical issues, provided expert testimony, and supported academic experts in prominent cases involving technology, consumer products, and financial services.
Ms. Kirk Fair has conducted quantitative analysis and performed industry and market research to evaluate 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 also 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 regularly speaks and writes on the use of surveys in litigation. 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).
Selected Cases
- AbbVie Inc.'s Acquisition of Allergan PLC
- Absorption Pharmaceuticals, LLC v. Reckitt Benckiser, LLC
- American Express v. Visa and MasterCard (and related litigations)
- Archipelago/NYSE Merger
- AT&T Acquisition of DIRECTV – Survey of Consumer Preferences
- Charles Tillage, et al. v. Comcast Corporation, et al.
- Cintas Corporation Acquisition of GK Services
- Cotromano, et al. v. United Technologies Corp., et al. and Adinolfe, et al. v. United Technologies Corp.
- Denimafia Inc v New Balance Athletic Shoe Inc et al and New Balance Athletic Shoe Inc v Denimafia Inc
- Discovery Communications, Inc. Acquisition of Scripps Networks Interactive, Inc.
- E-Retailer False Advertising Matter
- Federal Trade Commission v. Intuit Inc.
- Fox Broadcasting Company et al v. DISH Network LLC et al
- GlaxoSmithKline Holdings (Americas) Inc. v. Commissioner of the IRS
- Joshua Wasser, et al. v. All Market, Inc.
- Kenneth Hobbs v Brother International Corporation et al
- LANXESS Acquisition of Emerald Kalama Chemical
- Malden Transportation Company, Inc., et al. v. Uber Technologies, Inc. and Rasier, LLC
- Microsoft Private Litigations
- Molson Coors, LLC v. Anheuser-Busch Companies, LLC
- Multiple Antitrust Litigations on Behalf of Large Semiconductor Manufacturer
- Music Licensing Royalty Rate Analyses
- Pricing and Positioning of Complex Consumer Products
- Travelport Worldwide Limited, et al. v. WEX Inc.
- TS Media, Inc., et al. v. Public Broadcasting Service
- US DOJ v. MasterCard International and Visa.
- WalMart et al. v. Visa and MasterCard
- WEX Inc Acquisition of Electronic Funds Source LLC
Selected Publishing
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The Use of Surveys in Lost Profits Analyses
Lost Profits Damages: Principles, Methods, and Applications, second edition, 2022
2022 -
Reading (New and Old) Tea Leaves: U.S. Agencies’ Request for Information May Give Insights into the Future of Merger Review
Antitrust Report, 2022
2022Caliandro C, Kirk Fair R, Yeater A
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Moore v. Trader Joe’s Co.
Top Food and Drug Cases: Food and Drug Law Institute, June 2022
2022Kirk Fair R, Befurt R, Liu, G
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Survey Says: Tips on Getting Over the Daubert Hurdle
Law Journal Newsletters: The Intellectual Property Strategist
2020Kirk Fair R, Hess P, Fehrm V
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United States – E-commerce Economics: Market Power and Enforcement in Vertical Markets
Global Competition Review, E-Commerce Competition Enforcement Guide, January 2019
2019Kirk Fair R, Piankov N, Frot E
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Why Does the Consumer Welfare Standard Work? Matching Methods to Markets
CPI Antitrust Chronicle, November 2019
2019Kirk Fair R, Bernard J, Sokol D
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Avoiding bias: ensuring validity and admissibility of survey evidence in litigations
Handbook of Marketing Analytics: Methods and Applications in Marketing Management, Public Policy, and Litigation Support
2018 -
The Tyranny of Market Shares: Incorporating Survey-Based Evidence into Merger Analysis
Corporate Disputes, Jul-Sep 2018
2018 -
Singleton v. Fifth Generation, Inc.
Top Food and Drug Cases, 2017, & Cases to Watch, 2018
2018 -
The Ability to Achieve Lost Sales as a Consideration in Damages Analyses under Different Legal Frameworks
Landslide, ABA Section of Intellectual Property Law, November/December 2018
2018 -
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How To Interpret A Contract? Ask Those Who’d Sign It
Law360.com, March 21, 2018
2018Jiang D, Kirk Fair R, Ben-Shahar O, Shampanier K, Strahilevitz L
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What Consumers Really Think About Reference Price Labels
Law360, March 21, 2017
2017Steckel J, Kirk Fair R, Shampanier K, O'Laughlin L, Shea J
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Ensuring Validity and Admissibility of Consumer Surveys
American Bar Association Section of Litigation, Consumer Litigation Newsletter, Winter 2017
2017 -
Survey And Real-World Data: A Winning Combination
Law360, July 14, 2017
2017Kirk Fair R, Simon P, Shampanier K, Sharma R
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Managing Multiple Expert Witnesses: Best Practices and Pitfalls
American Bar Association Section of Litigation, The Woman Advocate, August 17, 2017
2017 -
The Ability to Achieve Lost Sales as a Consideration in Damages Analyses
Lost Profits Damages: Principles, Methods, and Applications
2017 -
Antitrust Enforcement in Two-Sided Markets
ABA Economics Committee Newsletter, Winter 2016
2016Caminade J, Kirk Fair R, Mantovanelli F, Toniatti D
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Digital Media Patents for Profit
Streaming Media Industry Sourcebook 2007
2007Rayburn D, Kirk Fair R, Arcelus A
Events
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April 15, 2015
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September 18, 2015
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October 1, 2015
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April 5, 2016
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May 25, 2016
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July 14, 2016
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January 25, 2018
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May 31, 2018
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July 16, 2019
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January 14, 2020
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January 30, 2020
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June 17, 2020
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July 16, 2020
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November 3, 2020
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November 12, 2020
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March 24, 2021
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June 3, 2022
News
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August 23, 2022
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August 2, 2022
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August 1, 2022
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June 16, 2022
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May 3, 2022
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February 8, 2022
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February 7, 2022
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December 16, 2021
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June 2, 2021
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April 6, 2021
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March 1, 2021
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July 17, 2020
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March 12, 2020
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AG Feature
Has the COVID-19 Pandemic Changed Economic Analysis in Merger Review?
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AG Feature
Platforms, Competition, and the Crisis: Arun Sundararajan on How Restaurants Have Adapted During the Pandemic
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AG Feature
The “Tyranny of Market Shares”: Incorporating Survey-Based Evidence into Merger Analysis
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AG Feature
Exclusionary Abuses and Multi-sided Platforms
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AG Feature
Introducing Surveys into Evidence: How to Avoid Bias
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AG Feature
A Closer Look at the Use of Consumer Surveys in Litigation
- Case Outcome AT&T Acquisition of DIRECTV – Survey of Consumer Preferences
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Case Outcome
Multiple Antitrust Litigations on Behalf of Large Semiconductor Manufacturer
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Case Outcome
Music Licensing Royalty Rate Analyses