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Overview

Antitrust and competition are at the core of Analysis Group’s work. We integrate industrial organisation economics, econometrics and industry-specific expertise, along with the latest quantitative analytical methods, to understand the practices and market dynamics at issue in competition cases and merger investigations.

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Focus Areas

Mergers and Acquisitions

Using state-of-the-art merger analytics, our experts have evaluated the competitive effects of several mergers and acquisitions. We have worked on behalf of clients before the European Commission and various national competition authorities, including the Competition and Markets Authority (CMA), and the Autorité de la Concurrence (Adlc).

In these assignments, we rely on a variety of analytical techniques, including event studies, bid analyses, critical loss analyses, upward pricing pressure analytics and merger simulation. Examples include:

  • Market definition, market power and closeness of competition
  • Unilateral and coordinated effects
  • Vertical and conglomerate effects
  • Efficiencies and procompetitive effects
  • Barriers to entry and dynamic considerations
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Horizontal and Vertical Agreements

We have expertise in assessing all aspects of investigations and enforcement proceedings related to horizontal and vertical agreements. We have supported clients across multiple jurisdictions in assessing allegations of price-fixing, information exchange, bid rigging and market allocation.

We also have the expertise to assist clients in matters involving vertical restraint allegations, including resale price maintenance, territorial or other restrictions on sales, dual distribution, dual pricing and most-favored-nation clauses.

For both horizontal and vertical agreements and related practices, we undertake economic analysis to assess:

  • Effects on competition
  • Objective procompetitive justifications
  • Relevant legal and economic context
  • Additional considerations such as impact on environment or labor markets
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Abuse of Dominance

We have analysed issues of market power and its abuse to identify whether there is evidence of harmful, exploitative or exclusionary conduct, or in matters involving complaints or allegations of such.

Our experts are well-prepared to undertake economic analysis to advise clients on matters related to:

  • Market definition and existence of dominant position, taking into account countervailing forces
  • Leveraging and foreclosure strategies
  • Predation, margin squeeze, rebates and other forms of price discrimination
  • Refusal to deal and interoperability-related concerns
  • Excessive pricing and imposition of unfair trading conditions
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State Aid

We have extensive experience assisting companies with economic issues related to EU state aid control. Through our work, we ensure that our clients navigate the complexities of state aid regulations with confidence. Leveraging a diverse range of analytical tools, we have supported numerous organisations in preparing robust economic and financial analyses for state aid applications, investigations, or complaints.

Our services include:

  • Economic analysis determining whether the aid in question qualifies as state aid under EU regulations
  • Evaluation of compliance with the relevant state aid rules
  • Ex-post evaluation of the impact of state aid schemes
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Regulation Compliance

We have assisted our clients in matters of compliance with national or EU-level regulations. Besides advising on long-established regulations, our capabilities also include using economic analysis to assess the impact of implementations of novel pieces of regulation and legislation such as the EU’s Digital Markets Act and Foreign Subsidy Regulation or the UK’s Digital Markets, Competition and Consumers Act.

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Damage Claims and Class Actions

Analysis Group has extensive experience assessing damages. Our consultants and affiliated experts build damages models and provide associated testimony in a wide range of competition disputes. We draw on our skills in a variety of empirical approaches to damages, all rooted in academic rigor.

Examples of our work include performing detailed counterfactual scenario analyses to assess the economic impact of cartels and other anticompetitive behavior. With significant experience in empirical overcharge and pass-on estimation, we can provide robust and reliable estimates of cartel overcharges and associated damages.

We have extensive experience in representing claimants and defendants in class actions cases. We leverage our deep economic expertise and extensive industry knowledge to provide comprehensive support to clients involved in class action cases. Our capabilities include applying advanced data science tools and methods to collect, aggregate and process large and complex claims datasets.

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Cases & Publications

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401(k) Fee Litigation

Analysis Group recently helped counsel for the administrator of large defined contribution plans win a dismissal with prejudice in litigation involving allegations that plan participants were being charged excessive fees.

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AbbVie Inc.'s Acquisition of Allergan PLC

An Analysis Group team led by Managing Principals Rebecca Kirk Fair and Emily Cotton was retained by Weil, Gotshal & Manges LLP on behalf of Allergan to provide competitive analyses in support of Allergan’s acquisition by AbbVie.

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Absorption Pharmaceuticals, LLC v. Reckitt Benckiser, LLC

Analysis Group was retained on behalf of Reckitt Benckiser, the defendant in a fraud and trade secret misappropriation lawsuit brought by Absorption Pharmaceuticals arising out of a failed acquisition.

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Meet Our People

A. Mitchell Polinsky V.

A. Mitchell Polinsky V.

Principal

Professor Polinsky has expertise in financial markets, securities fraud, and complex financial litigation.

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Alex Edmans

Alex Edmans

Affiliate

Professor Edmans has expertise in financial markets, securities fraud, and complex financial litigation.

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Amalia Rebecca Miller

Amalia Rebecca Miller

Affiliate

Professor Miller is an economist whose research interests include public finance, labor economics, health economics, and industrial organization. Her research has covered Medicaid expansion, workplace competition and labor supply, financing of employment-based health insurance plans, and effects of COVID-19 shutdowns, among other topics. She has received research funding from the US National Science Foundation (NSF), National Institutes of Health (NIH), Agency for Healthcare Research and Quality (AHRQ), and Department of Defense (DoD). Professor Miller is an associate editor of The Leadership Quarterly and the ILR Review, and has published articles in peer-reviewed journals, such as the Journal of Labor Economics, the Journal of Health Economics, The Journal of Human Resources, and The Review of Economic Studies. She served two terms on the board of the American Economic Association’s Committee on the Status of Women in the Economics Profession. Professor Miller is a recipient of the Excellence in Reviewing Certificate from Labour Economics, the IZA Young Labor Economist Award, and the WHITE Award for Best Paper on Health IT and Economics. Professor Miller has also worked as an economist with the RAND Corporation.

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News & Events

  • Vice President Kristof Zetenyi to Join Class Action Litigation Webinar
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  • Managing Principal Samuel Weglein to Discuss Challenges in Labor Cartel Cases at NYSBA Antitrust Law Section Annual Meeting
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  • 64th American Society of Hematology Annual Meeting and Exposition to Feature New Outcomes Research from Analysis Group
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  • 2022 Forbes Survey Ranks Analysis Group Among the Most Recommended Firms for Legal and Litigation Consulting
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  • $130 Million Award to Analysis Group’s Biopharmaceutical Client in Breach of Contract Ruling
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  • Managing Principal Samuel Weglein to Discuss Challenges in Labor Cartel Cases at NYSBA Antitrust Law Section Annual Meeting
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