Antitrust/Competition / U.S. Antitrust
Mergers & Acquisitions

Brattle economists have analyzed the competitive impacts of hundreds of mergers, acquisitions, and joint ventures involving major U.S. and international companies in review processes conducted by the U.S. Department of Justice, Federal Trade Commission, Department of Transportation, Federal Communications Commission, Surface Transportation Board, Federal Energy Regulatory Commission (FERC), and state attorneys general. We have worked for both the merging parties and federal and state antitrust authorities. We also have provided expert reports and testimony in litigation surrounding alleged anticompetitive mergers and acquisitions.

We are often asked to assess the antitrust risks associated with a transaction prior to its review by an antitrust agency. When cases are filed, we assist the merging firms through the review process by using economic theory along with empirical data and relevant industry information to define markets, analyze competitive effects and entry, and assess efficiencies. For those cases where an antitrust agency is likely to seek relief, we evaluate remedies that would address the agency’s concerns. For cases that are challenged, we provide litigation support and expert testimony.

We also have extensive experience assessing the strengths and weaknesses of the various analytical techniques used in merger analysis. These include the econometric analysis of consumer behavior using scanner data and consumer surveys, the analysis of “natural experiments” to define markets and assess competitive effects, and the use of oligopoly models, including simulations, to predict competitive effects.