Antitrust

Competition cases usually have a fundamental effect on a business’s licence to operate, affecting subsequent regulatory reviews and legislation. Clients call on our senior practitioners for expert advice and testimony in some of the largest, most complex antitrust and competition matters in the world. They rely on us to assess market power of individual large firms and horizontal agreements between competitors. We are renowned for developing the comprehensive understanding of industries and business practices and their effects on competition and efficient market operations, as well as for conducting econometric and empirical analyses, and making such analyses understandable to fact finders.

Both defendants and plaintiffs call on our experts for assistance in antitrust litigation, including cases involving cartel damages, price fixing, predatory pricing, bundling and various forms of exclusionary conduct. An integral part of our role in many of these cases involves the estimation of lost profits or damages from alleged anticompetitive behaviour, including pricing issues and output restrictions. In doing so, our experts provide written and oral testimony before competition authorities, courts and tribunals. Using advanced market-leading technologies to investigate crucial electronic records and communications, we help companies prevent or respond to investigations and adverse consequences like crippling fines and reputational damage.

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Frequently, companies and legal firms must handle class action matters, including accusations of market allocation, price fixing, collusion, and quality reductions in private products. Such matters often arise from government investigations or challenged activity. The scope of most class certification cases encompasses large plaintiff classes of consumers or companies at every stage of the supply chain. Also, these cases often involve multiple defendants and extend for years. The litigation process and outcomes heavily impact corporate reputation, finances, and in some cases, plaintiffs’ health and lives.

Since this complex, arduous work required can overwhelm existing resources, clients turn to our senior experts’ class action litigation experience and antitrust expertise. For decades, we’ve aided clients around the globe in responding to financial accounting and economic data discovery requests and interrogatories. Also, we prepare analyses that evaluate claims and our client’s positions, and appropriately limit the scope, minimising the impact of potential exposure.

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To succeed in M&A efforts, regulatory authorities, major law firms, and the corporations involved must have a deep and nuanced understanding of markets, potential anticompetitive effects and M&A policy. When they need expert support to help analyse options, determine the best course of action, and effectively manage the massive amounts of data involved with M&A transactions, these organisations engage FTI Consulting. Based around the globe, our senior professionals have unrivalled expertise in analysing and articulating the competitive effects and consumer benefits of M&As, especially in complex and dynamic markets such as healthcare, technology and networks.

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For an organisation that has not responded promptly or sufficiently to a government regulator across all aspects of an inquiry, the stakes could not be higher: a large fine or even a failed merger. Companies and law firms that want to manage their success engage our designated Phase II Merger Clearance Investigations teams as their tested and proven guide through this process.

We have deep experience with the relevant regulatory bodies and a vetted merger clearance investigations methodology that incorporates our leading-edge technology and workflows. We know how to gather and analyse the information needed to refine the focus of an investigation, contributing to the best possible outcomes. And we combine this experience with the flexibility and ingenuity necessary to handle the unique characteristics and specific needs of your effort. These same skills apply to a wide array of e-discovery needs in government inquiry and litigation. Our experience and technology help ensure timely and accurate submissions to antitrust or other regulators every time on all aspects of an inquiry.

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Companies often carve out and spin off transactions to divest non-core operations, improve capital allocation, unlock value, or respond to regulatory requirements in a merger investigation. Remedies are an important aspect of merger control, as many mergers with identified competition concerns are cleared with remedies. The technology aspect of divestitures is underestimated and challenging due to tight timeframes coupled with organisational, business and system complexity.

Our experts have extensive experience in translating legal requirements into actionable criteria, and have delivered innovative remediation solutions handling complex, legacy and emerging data sources. We also have extensive data classification and compliance experience to meet elevated standards for auditability and tractability throughout the process, as mandated by competition authorities and their appointed monitoring trustee.