Antitrust & Competition: Price Fixing & Collusion
Over the past two decades, Gnarus experts have worked on numerous matters involving potential collusion between competitors. The specific allegations in these matters can vary widely, involving price-fixing, bid-rigging, coordinated capacity reductions, or other forms of collusive marketplace behavior generally regarded treated as violations of both U.S. and international competition law. That said, the close resemblance that certain pro-competitive acts can have to anticompetitive behavior, plus the wide range of potential impacts that genuine anticompetitive behavior can have, imply that effective economic analysis can make great differences to client outcomes on either side of such cases. For example, on behalf of defendants, Gnarus experts have analyzed industry data as well as intra- and inter- firm communications to illustrate that allegedly collusive behavior has been trivial and ineffective, or alternatively that pro-competitive explanations better explain the challenged activity.
On behalf of plaintiffs, Gnarus experts are often called upon to use econometric analysis and/or other sophisticated economic techniques to demonstrate liability and also quantify damages.