Competition & Antitrust
To help manage and resolve their challenges, companies, counsel and government agencies need a trusted, independent and expert partner. FTI Consulting provides litigation services and solutions as well as compliance consulting across multiple industries and continents. We have assisted clients in many large and high-profile competition/antitrust actions and mergers and acquisitions (“M&As”) globally.
How We Help
Clients rely on us to help them develop a thorough understanding of the most complex antitrust and anticompetitive conduct issues, apply relevant economic theory and financial analysis to those issues, and deliver analysis supported by solid and persuasive empirical evidence. We are frequently called upon to present complex issues and analyses in understandable terms for clients both in and out of the courtroom and before regulatory agencies.
Globally, we serve as expert advisors to organizations, law firms, courts and governments. We have provided expert testimony and submissions in jurisdictions around the world, in a wide variety of court and regulatory contexts including merger reviews, market inquiries, regulatory proceedings and litigation.
Anti-competitive Conduct
Competition cases usually have a fundamental effect on a business’s licence to operate, affecting subsequent...
Competition cases usually have a fundamental effect on a business’s licence to operate, affecting subsequent regulatory reviews and legislation. Clients call on our senior practitioners for expert advice and testimony in some of the largest, most complex competition/antitrust and competition matters in the world. They rely on us to assess the market power of individual large firms and horizontal agreements between competitors. We are renowned for developing a comprehensive understanding of industries and business practices and their effects on competition and efficient market operations, as well as for conducting econometric and empirical analyses, and making such analyses understandable to finders of fact.
Both defendants and plaintiffs call on our experts for assistance in competition/antitrust litigation, including cases involving cartel damages, price fixing, predatory pricing, bundling and various forms of exclusionary conduct. An integral part of our role in many of these cases involves the estimation of lost profits or damages from alleged anticompetitive behaviour, including pricing issues and output restrictions. In relation to these estimates, our experts provide written and oral testimony before competition authorities, courts and tribunals. Using market-leading technologies to investigate crucial electronic records and communications, we help companies prevent or respond to investigations and adverse consequences such as fines and reputational damage.
Class Certification
Companies and legal firms frequently handle class action matters, including accusations of market allocation,...
Companies and legal firms frequently handle class action matters, including accusations of market allocation, price fixing, collusion, and quality reductions in private products. Such matters often arise from government investigations or challenged activity. The scope of most class certification cases encompasses large plaintiff classes of consumers or companies at every stage of the supply chain. These cases often involve multiple defendants and extend for years. The litigation process and outcomes heavily impact on corporate reputation, finances and, in some cases, plaintiffs’ health and lives.
The complex, arduous work required can overwhelm existing resources, so clients turn to our senior experts’ class action litigation experience and competition/antitrust expertise. For decades, we have aided clients around the globe in responding to financial accounting and economic data discovery requests and interrogatories. We also prepare analyses that evaluate claims and our client’s positions, and appropriately limit the scope, minimizing the impact of potential exposure.
Competition
Government agencies, companies and law firms in industries under regulatory scrutiny may need to assess the...
Government agencies, companies and law firms in industries under regulatory scrutiny may need to assess the state of competition in an industry for many reasons — concerns over market consolidation, dynamic market changes, evaluation of new regulations or revision of old ones, deregulation of industries, consumer protection policies, or even new business practices or a merger. FTI Consulting has assisted with many of the highest profile, most complex global competition/antitrust and M&A actions and transactions, as well as major market inquiries and competition investigations in many industries. Clients engage us for our extensive training and experience to develop a thorough understanding of the issues, apply relevant economic theory, and provide rigorous economic analyses supported by solid and persuasive empirical evidence.
Mergers & Acquisitions
To succeed in M&A initiatives, regulatory authorities, major law firms and the corporations involved must...
To succeed in M&A initiatives, regulatory authorities, major law firms and the corporations involved must have a deep and nuanced understanding of markets, potential anticompetitive effects and M&A policy. When they need expert support to help analyze options, determine the best course of action, and manage the massive amounts of data involved with M&A transactions, these organizations engage FTI Consulting. Based around the globe, our senior professionals have unrivalled expertise in analyzing and articulating the competitive effects and consumer benefits of M&A, especially in complex and dynamic markets such as healthcare, technology and networks.
Regulatory Investigations & Litigation
For an organization that has not responded promptly or sufficiently to a Supplementary Information Request...
For an organization that has not responded promptly or sufficiently to a Supplementary Information Request from the Canadian Competition Bureau, the stakes could not be higher: a large fine or even a failed merger are possible consequences. Companies and law firms that want to ensure success engage our experts as their tested and proven guide through this process.
We have deep experience with regulatory bodies and a vetted merger clearance investigation methodology that incorporates our leading-edge technology and workflows. We know how to gather and analyze the information needed to refine the focus of an investigation, contributing to the best possible outcomes. We combine this experience with the flexibility and ingenuity necessary to handle the unique characteristics and specific needs of each client’s situation. These same skills apply to a wide array of e-discovery needs in government inquiry and litigation. Our experience and technology help ensure timely and accurate submissions to competition antitrust or other regulators, every time and on all aspects of an inquiry.
