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Overview

Courts and regulatory authorities around the world rely on economic analysis to formulate and apply antitrust law. Experience has shown that even apparently straightforward antitrust cases may resist easy analysis. Fitting case law to the matter at hand is often difficult without economic analysis. Likewise, economic reasoning, no matter how elegant, will not suffice unless firmly grounded in the facts and the prevailing legal standards. We begin by identifying and analyzing those issues most critical to the outcome of the economic case and build upon this understanding. This approach produces a sound economic analysis consistent with the law.

Core parts of our antitrust practice areas include government merger investigations as well as private and government antitrust litigation on matters like monopolization, price fixing, dealer termination, price discrimination, vertical restraints, and predation. Our economists have consulted with litigants and testified about market definition, market power, competitive impact, business justifications, and damages.

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featured Engagements

Supporting ISED Canada’s Successful 5G Wireless Spectrum Auction

On November 23, 2023, Innovation, Science, and Economic Development (ISED) Canada concluded its auction of spectrum licenses in the 3800 MHz band, which is an important band for 5G wireless service. The auction used a clock auction format with intra-round bidding to allocate thousands of spectrum licenses. The design followed a two-stage process in which generic licenses were allocated in the first stage, and then specific frequencies were assigned in a subsequent assignment stage.

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featured Engagements

Valuation of a Classic Fictional Character

Secretariat determined the valuation of a fictional character with a long-term presence in books, film, and theme parks. We provided our client with a reliable and unbiased valuation by conducting multiple independent analyses, each resulting in a valuation consistent with one another.

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featured Engagements

Biopharmaceutical Reasonable Royalties on Trial

When our client, a biopharmaceutical company, had exclusively licensed a patent for a novel type of cancer immunotherapy, a competitor undertook substantial efforts to be first to market for its lead indication despite being aware of potential infringement claims against its therapy. Upon the competitor achieving FDA approval, our client filed patent infringement claims. After an eight-day trial, the jury returned a verdict in favor of our client with a damages award that precisely matched the trial testimony.

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