Monopolization/Abuse of Dominant Position
In the US, NERA's antitrust experts regularly work on matters involving alleged violations of Section 2 of the Sherman Act brought by private litigants, the federal government, and various state governments. We also assess alleged violations of Section 5 of the FTC Act. In these matters, we deliver advice to our clients and counsel throughout investigations of alleged predation, tying, foreclosure, price discrimination, refusals to deal, or other allegations of monopoly/monopsony behavior. We regularly participate in presentations to regulatory agencies and provide testimony in federal and state courts. NERA economists have been directly involved in a number of important matters brought under the Sherman Act and the FTC Act, including work on behalf of American Airlines, Rambus, Schering Plough, and Intel. In addition, we often assess proposed practices prior to implementation and offer advice regarding whether there is likely to be a government challenge and, if so, how such challenges can be met.
In Europe, NERA's competition experts have advised on numerous abuse of dominance and monopoly investigations in cases before the European Commission and the national competition authorities of EU member states. These have included inquiries under Article 102 (formerly Article 82), as well as Chapter II of the UK Competition Act and other national legislation on a range of matters including foreclosure, excessive pricing, price discrimination, aftermarkets, refusal to supply, bundling and tying, essential facilities, and predatory pricing. In addition, NERA’s European competition experts have extensive experience in market investigations under UK national law, including the high-profile investigations into Groceries and Airports. And, as increasing numbers of countries adopt and enforce competition statutes, NERA experts are actively providing economic analyses to clients whose practices might be challenged by antitrust authorities throughout the world, such as those in South Africa and China.
