Anti-competitive Conduct

Anti-competitive conduct can trigger government investigations and often private and public litigation. Issues include price fixing allegations; cartel, collusion or coordinated activities among firms often leading to class action cases; price gouging allegations; alleged monopolization and allegations of dominance and market power; and business practices such as non-compete contracts or exclusivity. Many implicate antitrust compliance. Companies, law firms and enforcement agencies rely on FTI Consulting experts to determine the “fine line” between justification for an action, its effect, and whether it violates the law. We help companies prevent or respond to investigations and adverse consequences like crippling fines and reputational damage.

How We Help

Clients call on our senior practitioners for expert advice and testimony in some of the largest, most complex antitrust and competition matters in the world. They rely on us to assess market power by individual large firms and horizontal agreements between competitors. Practices and claims include alleged price fixing and information and market sharing arrangements; and vertical business agreements between customers and suppliers that raise competition issues, such as monopolization, selective distribution, exclusive supply, exclusionary conduct including alleged tying and bundling, conditional rebates, predatory pricing, excessive pricing, unfair trading, resale price maintenance and exploitative conduct. These issues and investigations extend to virtually all industries and geographies, including the largest, newest, and most complex industries.

Our senior expert team includes former law enforcement and investigators, forensic accountants, legal practitioners, damages experts, economists, technology experts, reputation specialists, and corporate finance consultants. We are renowned for developing the 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 fact finders.

Competition cases usually have a fundamental effect on a business’s license to operate, affecting subsequent regulatory reviews and legislation. Taking a proactive position, we understand the importance of developing and monitoring government-mandated compliance programs, and the advantages of using data analytics and e-discovery techniques for proactive or retrospective evaluation. When a government agency requests that a company create a data-based compliance program, we’re often called upon to help develop and implement robust programs and policies. If required, we can also help set up government-appointed monitorships and have the capabilities to either oversee the monitorship or act as the monitor.