NERA Experts Nominated for Concurrences 2017 Antitrust Writing Awards

18 January 2017

Two articles authored by NERA experts have been nominated for the Concurrences 2017 Antitrust Writing Awards. The Concurrences Antitrust Writing Awards recognize the best articles published in the antitrust, law, and economics fields during the previous year, with the goal of promoting scholarship in the field of competition.  

NERA Managing Director Dr. Chetan Sanghvi and Matthew Reilly, a partner at Kirkland and Ellis LLP, co-authored the article, Meet the New ‘Boss’: Competitive Effects Analyses in Staples/Office Depot. The article discusses the competitive effects analyses used in the Federal Trade Commission (FTC) prosecution of the proposed 2015 merger between Staples and Office Depot. The article digs into a fundamental question: By relying on data derived from bids submitted through the RFP process, did the FTC fail to recognize key changes in the marketplace, including the companies’ strategy to increase Beyond Office Supply Sales (BOSS) and greater competition from online and non-traditional big box sellers of office supply consumables? 

NERA Associate Director Jennifer Cascone Fauver and Associate Director Dr. Subbu Ramanarayanan co-authored the article, Challenges for Economic Analysis of Mergers Between Potential Competitors: Steris and Synergy. The article addresses the FTC’s failed challenge of the merger between Steris Corporation and Synergy Health in 2015, which was based on the potential competition doctrine. The article uses the setting of the Steris-Synergy merger, and the arguments employed by the FTC and the merging parties as part of the preliminary injunction proceedings, to illustrate the challenges that economists face in analyzing mergers between potential competitors. 

About the Authors 

Dr. Sanghvi is an expert in industrial organization and antitrust economics. He has evaluated the competitive impacts of a number of proposed mergers in the US, Canada, and Europe. His expertise covers issues involving horizontal and vertical mergers; vertical restraints, including M.A.P. requirements, distribution, licensing, and after-market issues; pay-for-delay; collusion; and foreclosure and exclusion. 

Ms. Cascone Fauver consults with law firms and corporations in the areas of antitrust litigation and merger analysis. Her work stretches across many industries, including pharmaceuticals, health care, chemical products, eyeglasses, flat glass, and anticoagulants. 

Dr. Ramanarayanan is a member of NERA's Antitrust and Competition and Health Care and Life Sciences practices, specializing in the analysis of the competitive effects of mergers and acquisitions, evaluation of anticompetitive behavior, as well as analysis of litigation-related issues in health care markets.

About NERA

NERA Economic Consulting (www.nera.com) is a global firm of experts dedicated to applying economic, finance, and quantitative principles to complex business and legal challenges. For over half a century, NERA's economists have been creating strategies, studies, reports, expert testimony, and policy recommendations for government authorities and the world's leading law firms and corporations. We bring academic rigor, objectivity, and real world industry experience to bear on issues arising from competition, regulation, public policy, strategy, finance, and litigation.

NERA's clients value our ability to apply and communicate state-of-the-art approaches clearly and convincingly, our commitment to deliver unbiased findings, and our reputation for quality and independence. Our clients rely on the integrity and skills of our unparalleled team of economists and other experts backed by the resources and reliability of one of the world's largest economic consultancies. With its main office in New York City, NERA serves clients from more than 25 offices across North America, Europe, and Asia Pacific.