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The Brattle Group provides economic analysis and expert testimony to private parties and the Competition Bureau under all sections of the Competition Act, including the merger, monopolistic practices, cartel and deceptive marketing practices provisions, and in regards to advocacy initiatives.

We have advised clients in hundreds of transactions, and provided testimony and litigation support in antitrust and competition cases on behalf of leading law firms, as well as Canadian and international government agencies. Our Toronto-based experts include the former T.D. MacDonald Chair of Industrial Economics at the Bureau and a former Competition Bureau officer.

The Brattle Group has a proven track record acting for both Canadian and multinational clients providing services in the following areas of competition law:

Mergers and Agreements

We provide the unique combination of being able to both assess whether transactions are likely to result in a substantial lessening or prevention of competition and analyze potential mitigating factors, including the section 96 efficiencies defense, section 93(b) failing firm defense and likelihood of a timely new market entry. In doing so, our economic skills and experience enable us to quickly develop the relevant theories of competitive harm and conduct the necessary empirical analyses in a timely and cost effective manner.

Monopolistic Practices

With our knowledge of the relevant competition principles and our financial and economic experience in this area, we provide investigative and expert witness services relating to allegations of predatory pricing and other monopolistic practices.

Class Actions

We have expertise at the class certification stage in performing statistical analyses of detailed sales data or analyzing market structure, either with internal experts or top tier academic experts. We also have wide-ranging experience in the estimation of cartel overcharges using a variety of techniques.

Deceptive Marketing

We provide investigative and financial consulting services in the context of alleged deceptive marketing services, including the estimation of damages or incremental benefit derived by the defendant company.

Sections 100 and 104

We have significant experience providing expert support in situations where it is alleged that the ability of the Tribunal to remedy the wrong will be substantially impaired. Our cross-functional knowledge of business processes, intellectual property, and mergers and acquisitions, frequently in the context of litigation, ensure that parties are well advised.

Engagements
REPRESENTATIVE ENGAGEMENTS

Below is a list of representative engagements for our Canadian Competition practice.

PotashCorp/Agrium

Brattle assisted counsel for Agrium in the competitive effects and efficiencies analysis in connection with the $36 billion merger of equals between fertilizer producers Potash Corporation and Agrium Inc. The merger obtained regulatory clearance across multiple jurisdictions globally, with minimal divestiture requirements, forming the world’s largest crop nutrient company.

Superior/Canwest

Brattle principals assisted the parties in the competitive effects, efficiencies under section 96, and order-specific trade-off analysis in connection with the proposed acquisition of Gibson Energy’s propane distribution business, Canwest, by Superior Plus Corp.

Superior/Canexus

Brattle principals assisted the parties in the competitive effects, efficiencies under section 96, and order-specific trade-off analysis in connection with the proposed acquisition of Canexus Corp. by Superior Plus Corp. which, while rejected by the U.S. Federal Trade Commission, represented the first time Canada’s Competition Bureau had ever approved a transaction based upon the efficiencies defense.

Analysis of Air Canada/United joint venture
Brattle economists provided economic analysis to the Competition Bureau in its review of the transborder joint venture between Air Canada and United-Continental. Brattle assessed the likely competitive effects of the transaction, including an econometric analysis of airline fare data that determined the fare impacts associated with past changes in market structure on transborder routes.
Tervita

Prior to joining the firm, a Brattle Principal consulted with the Bureau on competitive effects analysis and provided expert evidence at the Competition Tribunal as to efficiencies arising from the proposed acquisition of Complete Environmental Inc. by Tervita Corporation.

Telecommunications industry

Experts at Brattle have worked on behalf of the Competition Bureau to assess the competitive effects of a retail merger in the telecommunications industry. Brattle analyzed market data in providing empirical analysis relevant to market definition and market concentration and assessing the likely competitive effects of the transaction.

TREB

A current Brattle principal consulted with the Competition Bureau on its review of rules implemented by the real estate association regarding the use of MLS data on virtual office websites and its application to the Competition Tribunal under the abuse of dominance provision of the Competition Act. This work included developing theories of harm and assisting with testimony before the Tribunal.

Telecommunications and broadcasting industry

Brattle economists testified on behalf of the Competition Bureau at two regulatory consultations by the Canadian Radio-television and Telecommunications Commission (CRTC). In the “Let’s Talk TV” consultation, a Brattle economist testified on behalf of the Bureau to support increased consumer choice and flexibility in the broadcasting industry. In the CRTC’s review of wholesale mobile wireless services, in particular, the effects of roaming agreements between nationwide wireless carriers and regional carriers, Brattle economists submitted a report and testified for the Bureau on the competitiveness of Canadian mobile wireless services markets. They found that additional competition in the mobile wireless industry would benefit consumers. Using a game-theoretic market simulation model that was parameterized with market data, Brattle economists found that the entry of an additional nationwide carrier would increase consumer surplus in Canada by approximately $1 billion annually.

Merger risk assessment

The Brattle Group is frequently involved in potential merger transactions before the target becomes aware of a pending offer. In this early-stage investigation, based on publicly-available information and experience-based assumptions, Brattle provides prospective buyers with useful information to assess deal risk. Regardless of whether the transaction proceeds, the buyer has made a decision armed with the best information available.

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