Antitrust & Competition: Conduct

One of our founding practices, antitrust conduct cases remain a key area of expertise at Compass Lexecon. We have provided expert advice and testimony in hundreds of complex antitrust matters and have assisted clients with many of the highest-profile antitrust actions of the last 30 years in the U.S. and Europe.

Compass Lexecon economists can advise you on the economics of:

  • Anti-competitive agreements between competitors, such as price fixing, information sharing, or market sharing arrangements (horizontal agreements);
  • Anti-competitive agreements between suppliers and customers, such as tying, selective distribution, exclusive supply, or resale price maintenance (vertical agreements);
  • Exclusionary conduct through tying and bundling, predatory pricing, conditional rebates, or other pricing arrangements;
  • Exploitative conduct, excessive pricing, and unfair trading.

We advise both defendants and plaintiffs on case strategy, preparing economic submissions to authorities and expert reports, assessing exposure, and calculating damages. Our role is to assess whether the conduct in question, given the facts of the case, was most likely anti-competitive or whether there was a sound economic rationale for the behavior.

We have a strong global team of economists, econometricians, accountants, and industry experts who use a combination of leading industrial organization theory and sophisticated economic, econometric, and financial analyses to ensure that our clients receive the highest level of support throughout conduct investigations.

In the U.S., we have provided expert testimony or presentations before state and federal courts, federal regulatory agencies (including the Department of Justice, the Federal Trade Commission, the Federal Communications Commission, the Federal Energy Regulatory Commission, the Department of Transportation, the International Trade Commission, and the Surface Transportation Board), state regulatory agencies, and arbitrators.

Globally, we have provided expert submissions in a variety of jurisdictions, including Canada, the United Kingdom, the European Union, Australia, New Zealand, and others.

Where conduct investigations lead to follow-on damages, we support our clients through the litigation process.

We also provide support in sector investigations and market investigations.