Antitrust & Competition: Conduct

Our role is to assess whether the conduct under scrutiny is anti-competitive or grounded in solid economic principles, based on the unique facts of each case.

Advising both defendants and plaintiffs, our teams craft case strategies, prepare compelling economic submissions to authorities, evaluate potential exposure, and calculate damages with rigor.

Over the last three decades, we have been at the heart of hundreds of high-profile and complex antitrust actions in the U.S. and Europe, providing expert advice and testimony that stands the test of scrutiny. When investigations lead to follow-on damages, we support our clients through every step of the litigation process. And for clients facing sector and market investigations, we ensure they are equipped to navigate the regulatory landscape.

Armed with leading industrial organization theory and sophisticated empirical and financial analyses, our economists, econometricians, accountants, and industry experts, ensure that our clients receive the highest standard of support throughout an investigation.

Compass Lexecon's experts advise on a wide range of antitrust conduct matters, including:

• Anti-competitive agreements between competitors, including price fixing, information sharing, and market sharing arrangements;
• Anti-competitive agreements between suppliers and customers, such as selective distribution, exclusive supply, and resale price maintenance (vertical agreements);
• Exclusionary conduct, such as tying and bundling, predatory pricing, and conditional rebates, as well as non-pricing abuses like self-preferencing and refusal to supply; and
• Exploitative conduct, including excessive pricing and unfair trading practices.

We have provided expert testimony and presentations to courts, regulatory agencies, and arbitrators, around the globe, including:

• In the United States, presenting evidence to federal and state courts, federal and state regulatory bodies – such as the Department of Justice, the Federal Trade Commission, the Federal Communications Commission, the Federal Energy Regulatory Commission, and others – as well as various arbitration panels;
• in Europe, providing expertise before the EU and national regulatory agencies, as well as EU and national courts – including the General Court, the Court of Justice of the European Union, the UK Competition Appeals Tribunal, the High Court of England and Wales; and
• agencies and courts in other major jurisdictions, including China, South Africa, Canada, Australia, New Zealand, and others.

At Compass Lexecon, we are committed to providing unparalleled insights and solutions to our clients, ensuring they can navigate the complexities of antitrust investigations with confidence and clarity.