In March 2014, after months of negotiations, buyout offers, and counter proposals, The Men's Wearhouse, Inc. announced an agreement to purchase rival Jos. A. Bank Clothiers, Inc. in a deal that would create the country's fourth-largest men’s retailer. The deal was subject to a review of potential antitrust concerns by the US Federal Trade Commission (FTC).

In late 2013, NERA expert Graeme Hunter and Affiliated Academic Michael Baye (former Director of the FTC's Bureau of Economics) were retained by counsel for Men's Wearhouse to conduct empirical analyses of the competitive environment for the sale of men's suits and for tuxedo rentals and to assess the likelihood of anticompetitive price effects resulting from the merger. NERA experts used transaction-level data from both parties to conduct econometric analyses to show that the two parties were not each other's closest competitors and that the combined entity would still face significant competition from other brick-and-mortar stores. NERA also worked with the parties to identify the plethora of other retailers of men’s suits and tuxedo rentals. Ultimately, the analysis showed the proposed merger was unlikely to result in competitive harm.

On 30 May 2014, the FTC closed the investigation, noting that the merger was not likely to harm consumers because of significant competition from other men's clothing retailers.