The Brattle Group provides economic analysis and expert testimony to private parties and the Competition Bureau under all sections of the Competition Act, including the merger, monopolistic practices, cartel and deceptive marketing practices provisions, and in regards to advocacy initiatives. We have extensive experience working on behalf of the Competition Bureau, and one of our experts is a former T.D. MacDonald Chair of Industrial Economics at the Bureau, where she routinely advised the Commissioner of Competition and other senior representatives on all major enforcement cases and policy initiatives. Brattle economists are able to quickly develop the relevant theories of competitive harm and conduct empirical analyses necessary to assess whether transactions or conduct are likely to result in a substantial lessening or prevention of competition or an adverse effect on competition.
Brattle economists provided economic analysis to the Competition Bureau in its review of the transborder joint venture between Air Canada and United-Continental. Brattle assessed the likely competitive effects of the transaction, including through an econometric analysis of airline fare data to determine the fare impacts associated with past changes in market structure on transborder routes.
While seconded to the Competition Bureau, a current Brattle principal consulted with the Bureau on its review of an acquisition of a hazardous waste landfill in northeastern British Columbia. This work included developing theories of harm, empirically estimating the anticompetitive effects from the merger, calculating the deadweight loss associated with the transaction and assisting with testimony before the Competition Tribunal. It also involved assisting with the Bureau’s submissions before the Federal Court of Appeal and the Supreme Court of Canada.
Experts at The Brattle Group worked on behalf of the Competition Bureau to assess the competitive effects of a retail merger in the telecommunications industry. Brattle analyzed market data in providing empirical analysis relevant to market definition and market concentration and assessing the likely competitive effects of the transaction.
Brattle economists analyzed the proposed merger of two brand owners in the carbonated soft drink (“CSD”) industry. This work included defining the relevant product market, including econometric analysis of supermarket scanner data to determine the cross-elasticity of demand between various brands of CSDs, as well as between CSDs and categories of other beverages. It also involved analyzing the Competition Bureau’s theory of competitive effects.
Economists at The Brattle Group analyzed the proposed merger of a U.S. brewer and a Canadian brewer in connection with private litigation. This work was on behalf of a rival U.S. brewer who relied on the Canadian firm for distribution in Canada. The work included defining the relevant product market and geographic markets, calculating market shares and analyzing the incentives of the merged firm to disadvantage rival brewers by foreclosing them from, or raising their costs in, downstream distribution channels in Canada.
Economists at The Brattle Group analyzed operating rules for merchants promulgated by the two major credit card networks in connection with a resale price maintenance (“RPM”) case brought by the Bureau. This work included defining the relevant product market, calculating market shares, analyzing the two-sided nature of credit card networks (e.g., the complementary nature of demand of merchants and cardholders), assessing the competitive effects of the operating rules, and evaluating whether the rules fit the economic model of RPM. This work was presented in testimony before the Competition Tribunal.
While seconded to the Competition Bureau, a current Brattle principal consulted with the Competition Bureau on its review of rules implemented by the real estate association regarding the use of MLS data on virtual office websites and its application to the Competition Tribunal under the abuse of dominance provision of the Competition Act. This work included developing theories of harm and assisting with testimony before the Tribunal.
A current Brattle economist empirically analyzed the effects of an alleged agreement between firms in the parcel-tanker shipping industry to determine if the agreement resulted in an undue lessening or prevention of competition. This work was done on behalf of one of the shippers and resulted in the Competition Bureau closing its investigation without taking any action against the client.
Brattle economists testified on behalf of the Competition Bureau at two regulatory consultations by the Canadian Radio-television and Telecommunications Commission (CRTC). In the “Let’s Talk TV” consultation, a current Brattle economist testified on behalf of the Bureau to support increased consumer choice and flexibility in the broadcasting industry. In the CRTC’s review of wholesale mobile wireless services (and, in particular, the effects of roaming agreements between nationwide wireless carriers and regional carriers), Brattle economists submitted a report and testified for the Bureau on the competitiveness of Canadian mobile wireless services markets. They found that additional competition in the mobile wireless industry would benefit consumers. Using a game-theoretic market simulation model that was parameterized with market data, Brattle economists found that the entry of an additional nationwide carrier would increase consumer surplus in Canada by approximately $1 billion annually.