Collusion
We have assessed all aspects of investigations and enforcement related to collusion and cartel behavior. Our experts have analyzed issues associated with allegations of price-fixing, bid rigging, market allocation, and contingent commissions, and have supported global clients across multiple regulatory jurisdictions.
Our Capabilities
We have undertaken analyses in both civil and criminal cartel investigations, including:
- Analysis of liability, including whether alleged conspiratorial conduct could alternatively be explained by unilateral business interest, including whether inference of conspiracy is warranted based on the evidentiary record
- Analysis of industry characteristics, including product and market characteristics, capacity utilization, and incentives for collusion
- Evaluation of the implications of potential effects of attempted collusion
- Estimation and rebuttal of overcharges
- Estimation of pass-through of alleged overcharges to downstream customers/potential for duplicative recovery
- Determination of affected volume of commerce, taking into consideration the Foreign Trade Antitrust Improvements Act (FTAIA)
We evaluate the reasonableness of alleged conduct using fact-based analyses that draw on the tools of competition modeling and econometrics. We assess impact and quantify damages using well-accepted methods, including:
- Before-during-after analyses that compare prices in the period affected by the alleged conduct to prices in periods outside of the affected period
- Benchmark or yardstick analyses that compare prices in the affected markets to related, but unaffected, markets
- Analyses of company financials and market data that may contain projections and other business information that sheds light on what might have happened “but-for” the alleged conduct
