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 advised clients in hundreds of transactions, and provided testimony and litigation support in antitrust and competition cases on behalf of leading law firms, as well as Canadian and international government agencies. Our Toronto-based experts include the former T.D. MacDonald Chair of Industrial Economics at the Bureau and a former Competition Bureau officer.
The Brattle Group has a proven track record acting for both Canadian and multinational clients providing services in the following areas of competition law:
Mergers and Agreements
We provide the unique combination of being able to both assess whether transactions are likely to result in a substantial lessening or prevention of competition and analyze potential mitigating factors, including the section 96 efficiencies defense, section 93(b) failing firm defense and likelihood of a timely new market entry. In doing so, our economic skills and experience enable us to quickly develop the relevant theories of competitive harm and conduct the necessary empirical analyses in a timely and cost effective manner.
With our knowledge of the relevant competition principles and our financial and economic experience in this area, we provide investigative and expert witness services relating to allegations of predatory pricing and other monopolistic practices.
We have expertise at the class certification stage in performing statistical analyses of detailed sales data or analyzing market structure, either with internal experts or top tier academic experts. We also have wide-ranging experience in the estimation of cartel overcharges using a variety of techniques.
We provide investigative and financial consulting services in the context of alleged deceptive marketing services, including the estimation of damages or incremental benefit derived by the defendant company.
Sections 100 and 104
We have significant experience providing expert support in situations where it is alleged that the ability of the Tribunal to remedy the wrong will be substantially impaired. Our cross-functional knowledge of business processes, intellectual property, and mergers and acquisitions, frequently in the context of litigation, ensure that parties are well advised.
A Brattle Principal assisted the parties in both the competitive effects, efficiencies under section 96, and order-specific trade-off analysis in connection with the proposed acquisition of Canexus Corp. by Superior Plus Corp. which, while rejected by the U.S. Federal Trade Commission, represented the first time Canada’s Competition Bureau had ever approved a transaction based upon the efficiencies defense.
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 an econometric analysis of airline fare data that determined the fare impacts associated with past changes in market structure on transborder routes.
Prior to joining the firm, a Brattle Principal consulted with the Bureau on competitive effects analysis and provided expert evidence at the Competition Tribunal as to efficiencies arising from the proposed acquisition of Complete Environmental Inc. by Tervita Corporation.
Experts at Brattle have 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.
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.
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 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, 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.
The Brattle Group is frequently involved in potential merger transactions before the target becomes aware of a pending offer. In this early-stage investigation, based on publicly-available information and experience-based assumptions, Brattle provides prospective buyers with useful information to assess deal risk. Regardless of whether the transaction proceeds, the buyer has made a decision armed with the best information available.
Complex business and legal matters require intellectually honest and analytically rigorous solutions that are thoughtfully developed and clearly communicated. We apply economic and finance principles with uncompromising quality to achieve clarity in the face of complexity. Independent analysis, responsive execution, and compelling presentation. That’s Brattle. That’s the Power of Economics.