In antitrust litigation/disputes and merger review, there are many situations where qualitative narratives—and the “raw” quantitative facts readily available from the parties or public sources—are not enough to address the questions that ultimately matter to courts or competition authorities. Building on counsel’s issue framing, this seminar draws on the instructor’s first-hand experience to discuss what kinds of quantitative support are most useful in those moments, and how economic analysis can help convert raw numbers into clear, issue-specific quantitative evidence that strengthens both decision-making and advocacy. The focus is not on an exhaustive survey of techniques, but on what can realistically be done under real-world constraints on data availability, timing, and the practical demands of a matter.

The case studies will cover (i) civil litigation matters involving abuse of superior bargaining position and cartels, and (ii) multiple recent horizontal merger cases in which the instructor has been involved. The seminar will also introduce examples where economic analysis proved particularly effective, and will examine why it was effective in those settings. Across the cases, the seminar will highlight where quantitative support tends to move the needle, where it is difficult to rely on quantitative evidence alone, and how such limitations can be addressed. It will also illustrate—at a practical level—how economic analysis fits into the broader workflow shared by counsel and clients. In merger review matters, the seminar will additionally provide a brief, high-level look at the latest approaches that have been gaining traction in recent enforcement practice, along with their practical implications and key caveats.

The seminar will also touch on recent trends in how competition authorities and courts evaluate quantitative evidence grounded in economic analysis. Finally, it will summarize how the instructor can support antitrust matters in practice, including practical considerations for getting started early in a matter and for maintaining effective communication throughout.

Please note this seminar will be in Japanese only.