Antitrust/Competition / United States
Mergers & Acquisitions

Economists at The Brattle Group are experienced in all areas of antitrust merger review. 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.

The Brattle Group has analyzed the competitive impacts of hundreds of actual and potential mergers, acquisitions, and joint ventures in a variety of industries and in many jurisdictions. We have worked both for the merging parties and federal and state antitrust authorities, and provided expert reports and testimony in litigation surrounding alleged anticompetitive mergers and acquisitions. We have provided economic analyses in merger cases before the U.S. Department of Justice, Federal Trade Commission (FTC), Federal Communications Commission (FCC), Federal Energy Regulatory Commission (FERC), and state attorneys general, as well as the European Commission, the Court of First Instance, and national competition authorities in Australia, Canada, Germany, Spain, the Netherlands, and the United Kingdom.