Monopolization & Monopoly Maintenance Litigation

Investigations and litigation involving monopolization and monopoly maintenance continue to be a focus for competition authorities and private plaintiffs. These cases often turn on complex liability theories and require precise economic evidence to evaluate alleged exclusionary conduct.

We work with both government enforcement agencies and private companies in matters involving monopolization and the maintenance of monopoly power. Our team supports clients throughout the life cycle of a case, from initial investigations to trial, providing independent economic analysis and expert testimony.

We have significant experience addressing a wide range of alleged conduct involving both single-firm and multi-firm behavior. These include exclusive dealing, all-units and bundled discounts, hub-and-spoke arrangements, vertical foreclosure, and monopoly leveraging. Our professionals have contributed expert analysis in some of the most significant monopolization cases litigated in recent years.

Common challenges in monopolization and monopoly maintenance cases include:

• Investigations into exclusionary practices by dominant firms
• Allegations involving exclusive, bundled, or loyalty-based pricing strategies
• Accusations of coordination between firms through vertical relationships
• Claims of foreclosure or leveraging across markets or supply chains
• Responding to liability theories involving both vertical and horizontal conduct
• Heightened scrutiny in high-profile and complex litigation environments
• The need to align legal arguments with robust, defensible economic evidence

Our comprehensive monopolization-related services include:

• Economic support for government agencies and private companies during investigations
• Expert analysis of exclusive dealing, bundled discounts, and loyalty programs
• Evaluation of hub-and-spoke theories and coordinated vertical conduct
• Assessment of vertical foreclosure and monopoly leveraging claims
• Expert testimony on liability, conduct, and competitive effects
• Engagement in some of the most prominent monopolization litigation matters
• Collaboration with legal counsel to ensure effective communication with courts and competition authorities

Key Experts