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, as well as regarding advocacy initiatives. We have advised clients in hundreds of transactions, providing testimony and litigation support in competition cases on behalf of leading Canadian law firms as well as the Competition Bureau.
Brattle has a proven track record in merger reviews assessing whether transactions are likely to result in a substantial lessening or prevention of competition and whether potential mitigating factors exist, including the Section 96 efficiencies defense, Section 93(b) failing firm defense, and the likelihood of a timely new market entry. We are called on to provide these analyses throughout the deal process, from an early assessment of deal risk to situations where a transaction has been challenged by the Bureau.
In the area of monopolistic practices, we provide investigative and expert witness services related to allegations of restrictive trade practices, including predatory pricing and abuse of dominance. We also have expertise at the class certification stage of class actions, performing statistical analyses of data and market structure in the estimation of cartel overcharges using a variety of techniques.
Additionally, for matters involving Sections 100 and 104 of the Competition Act, our experts have substantial experience assessing whether the Tribunal’s ability to remedy the wrong will be substantially impaired, reflecting our cross-functional knowledge of the business processes, intellectual property, and mergers and acquisitions.