Antitrust in Radio Frequency Identification
This project was completed by Intensity. Intensity joined Secretariat on February 1, 2023.
Background
Radio-frequency identification (RFID) technologies aid in the identification and recovery of companion animals, including dogs, cats, birds, horses, and other pets. One participant in the industry was accused of antitrust violations due to tying of pet RFID scanners to microchips by use of encryption. This participant was also accused of using the threat of patent litigation to foreclose another participant from entering the U.S. marketplace for implantable microchips.
Our Analysis
Intensity performed an analysis of the effects on competition from actions alleged to violate antitrust laws. Intensity also evaluated the financial impact of the anticompetitive conduct in the marketplace to determine an appropriate measure of economic damages.
Our work involved an examination of the pertinent industries, an identification of the relevant antitrust markets, and an assessment of market power. Intensity analyzed anticompetitive conduct and its financial effects in relation to other factors influencing industry performance. Intensity evaluated product sales performance in relation to pricing, functionality, sales strategy, product distribution, industry standards, and network effects, among other factors.
Latest Insights
News | July 9, 2025
Why Funder Forecasts Don’t Belong in Royalty Analysis
This article originally appeared on Law360 on June 24, 2025. In a recent article published by Law360, Managing Director Rick Eichmann explores the economic reasoning behind the U.S. District Court’s decision in Haptic Inc. v. Apple Inc. and why prelitigation funding forecasts should not be conflated with royalty analyses in patent litigation. Eichmann explains how models developed for […]
Article | July 9, 2025
SFO’s ‘Cast-Iron Guarantee’ on Self-Reporting Comes With Fine Print
Ben Boorer, writing for Corporate Compliance Insights, examines the UK Serious Fraud Office’s clearest commitment yet to corporate self-reporting, offering a “cast-iron guarantee” of DPA negotiations for companies that self-report and cooperate. The guidance sets out defined timelines intended to bring greater predictability, but uncertainties remain around how much investigation is expected before reporting, what […]
Article | July 9, 2025
Strengthening Export Control Compliance: Advanced Strategies for Third-Party Audits
This article first appeared on Law360 on July 7, 2025. In a recent Law360 article, Michael H. Huneke of Hughes Hubbard & Reed and John Rademacher and Abby Williams of Secretariat explore advanced strategies for strengthening export control compliance through improved third-party audits. U.S. technologies continue to be diverted to foreign adversaries, often through networks of resellers […]
See All Insights
Talk to Our Insightful Experts