Dr. Nelson is an expert in antitrust matters involving mergers, price fixing, unfair competition, vertical restraints, and the Robinson-Patman Act. Before joining Secretariat, he was the Assistant Director for Competition Analysis at the FTC.
Washington, DC
Philip Nelson is a Managing Director at Secretariat. Before joining the firm, Dr. Nelson was Assistant Director for Competition Analysis at the FTC. He taught economics at Yale University and antitrust law at Fordham Law School. While at the FTC, he served on the FTC’s Merger Screening and Evaluation Committees. Dr. Nelson has written numerous articles and two books, “Corporations in Crisis: Behavioral Observations for Bankruptcy Policy” and “U.S. International Competitiveness.” He also helped edit the ABA Antitrust Section’s “Market Power Handbook: Competition Law and Economic Foundations.”
Dr. Nelson is an expert in antitrust matters involving mergers, price fixing, unfair competition, vertical restraints, and the Robinson-Patman Act. He has also served as an economic expert in matters and has testified in contract disputes (on damages and liability issues), intellectual property disputes (on secondary indicia of non-obviousness, damages, and irreparable harm), price gouging, FERC valuation hearings, and Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) compensation cases.
He has testified at trial before judges, juries, and arbitration panels. Among the industries he has analyzed are: pharmaceuticals, oil, natural gas, minerals, refining pipeline, gasoline retailing, oil field equipment, defense, pesticides, grocery products, wholesaling, publishing, vehicle manufacture, automotive parts, toys, electrical equipment, machine tools, plastics, chemicals, metals, household products, security exchanges, telecommunications, electrical utilities, insurance, cameras, computer hardware and software, integrated circuits, cable television, newspapers, fast-food, and health-care technologies and services.
Lexology Index notes, “Philip Nelson is a leading authority in antitrust economics, widely respected for combining rigorous academic insight with high-impact regulatory experience from his senior role at the FTC. He also employs his strong competition background when testifying in intellectual property cases.“
Dr. Nelson is currently on the ABA Antitrust Section’s Long Range Planning Committee and has served as the non-lawyer representative on the Section’s Council and as a chair and/or vice chair of the ABA Antitrust Section’s Content, Economics, Intellectual Property, and Health Care and Pharmaceuticals Committees.
Philip Nelson provided expert analysis and testimony for defendant Capital Petroleum Group in the District of Columbia v. Capitol Petroleum Group, LLC et al. matter, which was filed in the Superior Court of the District of Columbia.
Secretariat Economists played a significant role in estimating damages for a case involving generic drugs, specifically pravastatin. Teva is set to pay a $225 million criminal penalty and donate $50 million worth of drugs, while Glenmark will pay $30 million. Teva and Glenmark are required to divest their versions of the generic cholesterol drug pravastatin that was part of the alleged conspiracy.
FirstEnergy at the Sixth Circuit Reshapes Securities Class Actions
In its landmark ruling in Owens, et al. v. FirstEnergy Corp., et al. (“FirstEnergy”), the U.S. Court of Appeals for the Sixth Circuit vacated the district court’s class‑certification order, clarifying a new standard for certifying a class in securities class actions.