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Brattle has experience and capabilities covering a full range of antitrust matters, including mergers and acquisitions; allegations of price fixing and collusion; and numerous forms of alleged monopolization and anticompetitive behavior, including exclusion, predation, bundling, tying, cost-raising strategies, contracts referencing rivals, and alleged facilitating practices.

Since many Brattle experts have worked for either the US Department of Justice or the Federal Trade Commission, they have the experience to quickly identify key economic issues and develop pertinent economic theories and empirical analyses. This enables us to help collect evidence in the pre-discovery stage, provide rapid responses during discovery, and analyze evidence for use in a persuasive court presentation.

Areas of Expertise


Below is a list of representative engagements for our US Antitrust practice.

Vertical restraints analysis in the credit card industry
Brattle has been involved in numerous high-profile antitrust matters in the payment card industry, involving interchange fees, nondiscrimination rules, foreign transaction fees, dynamic currency conversion, and other practices. We have analyzed efficiency benefits and competitive effects resulting from these practices, developed models to identify the underlying conditions required for either anticompetitive or procompetitive behavior, assessed market performance (including firm profitability), provided statistical analyses relevant to defining relevant product markets, and evaluated alleged damages. Brattle economists recently supported American Express in its successful defense against antitrust claims made by the U.S. Department of Justice and others involving its merchant agreements.
US Airways v. Sabre

Economists at The Brattle Group assisted US Airways in its monopolization case against Sabre. The lawsuit pertained to alleged anticompetitive provisions in a contract between the two parties over the distribution of airline tickets. Brattle experts and Nobel Laureates Professors Joseph Stiglitz and Dan McFadden, provided expert witness testimony on liability and damages issues. Our work included an analysis of Sabre’s market power in the distribution of airline tickets and how the challenged contract provisions harmed both the airline and consumers. Most notably, we provided insight into the role of “two sidedness” in thinking about this market. In addition, our team analyzed millions of bookings on US Airways flights to assess the overcharges resulting from the challenged restrictions, based on the analysis of “but-for” prices. The 8-week trial in federal court ended in December 2016, and the jury ruled in favor of US Airways. In September 2019, the U.S. Court of Appeals for the Second Circuit remanded the case for retrial.

Medical insurance

Brattle economists, including Professor Daniel McFadden, have been retained by plaintiffs to assess the effects of market allocation and ownership restrictions for a particular line of insurance in the United States. A consortium of insurers covers a significant fraction of U.S. consumers who receive private insurance in the United States. The member insurers, through their association, license their trademark by requiring members to sell insurance only in their exclusive service areas (ESAs). In this case, currently before the Federal Court, plaintiffs allege that because this arrangement prevents entry by one member of the consortium into the territory of another, it has stifled competition and as a result increased premiums paid by consumers.

Electronic components

Brattle economists and an academic affiliate have been engaged by a group of defendants in class actions brought by direct and indirect purchasers of technology components for use in electronic devices in the United States. Brattle is conducting an analysis of the class certification issues and any potential damages surrounding allegations of price-fixing by the technology component manufacturers.

Auto parts
For a leading automobile manufacturer, Brattle economists estimated collusive overcharges and the volume of commerce affected by collusion among suppliers of specified auto parts and components.

Brattle economists were retained in a matter involving a program to restrict supply, which was sponsored by an agricultural cooperative, the National Milk Producers Federation, and other defendants. The “Herd Retirement Program” paid farmers to slaughter their milk herds and leave the market for a period of time. Brattle worked on behalf of a class of indirect purchasers to perform an econometric analysis to estimate the effect of the alleged anticompetitive conduct on the spread between prices and the federally mandated price floors set by the USDA (referred to as “over order premium”). A pass-through analysis was also performed to estimate the impact on retail prices for milk products on a state-by-state basis. The matter settled in 2016 for $52 million.


For a class of direct purchasers of Dynamic Random Access Memory (DRAM), and in a separate proceeding for a class of direct purchasers of Static Random Access Memory (SRAM), members of The Brattle Group estimated class-wide damages from alleged collusive price elevation and provided expert testimony. Brattle supported a testifying expert in an analysis of liability through class certification and the merits phase. We also provided testimony on the econometric estimation of class-wide damages in the two cases. In both cases, the experts used an econometric model of product-level transaction data that controlled hundreds of separate categories of products. Additionally, we provided an extensive critique of the testimony provided by opposing experts. Both matters settled before trial after expert reports were filed and deposition testimony was given.

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