Antitrust
To help manage and resolve their challenges, companies, counsel and government agencies need a trusted, independent and expert partner. FTI Consulting provides proactive and reactive services and solutions as well as compliance consulting across multiple industries and continents. We and our subsidiary Compass Lexecon have assisted clients in many of the world’s largest, highest-profile antitrust actions and mergers and acquisitions (“M&As”).
Clients rely on us to help them develop a thorough understanding of the most complex antitrust and anticompetitive conduct issues, apply relevant economic theory and financial analysis to those issues, and deliver analysis supported by solid and persuasive empirical evidence. We are continually called upon to present complex issues and analyses in understandable terms for clients both in and out of the courtroom and before regulatory agencies. Learn more
How We Help
Globally, we serve as expert advisors to organisations, law firms, courts and governments. We have provided expert testimony and submissions in jurisdictions around the world, in a wide variety of court and regulatory contexts including merger reviews, market inquiries, regulatory proceedings and litigation.
Anticompetitive Conduct
Competition cases usually have a fundamental effect on a business’s licence to operate, affecting subsequent...
Competition cases usually have a fundamental effect on a business’s licence to operate, affecting subsequent regulatory reviews and legislation. Clients call on our senior practitioners for expert advice and testimony in some of the largest, most complex antitrust and competition matters in the world. They rely on us to assess the market power of individual large firms and horizontal agreements between competitors. We are renowned for developing a comprehensive understanding of industries and business practices and their effects on competition and efficient market operations, as well as for conducting econometric and empirical analyses and making such analyses understandable to fact-finders.
Both defendants and plaintiffs call on our experts for assistance in antitrust litigation, including cases involving cartel damages, price-fixing, predatory pricing, bundling and various forms of exclusionary conduct. An integral part of our role in many of these cases involves the estimation of lost profits or damages from alleged anticompetitive behaviour, including pricing issues and output restrictions. In relation to these estimates, our experts provide written and oral testimony before competition authorities, courts and tribunals. Using market-leading technologies to investigate crucial electronic records and communications, we help companies prevent or respond to investigations and adverse consequences such as fines and reputational damage.
Class Certification
Companies and legal firms frequently handle class action matters, including accusations of market allocation,...
Companies and legal firms frequently handle class action matters, including accusations of market allocation, price-fixing, collusion and quality reductions in private products. Such matters often arise from government investigations or challenging activities. The scope of most class certification cases encompasses large plaintiff classes of consumers or companies at every stage of the supply chain. These cases often involve multiple defendants and extend for years. The litigation process and outcomes heavily impact corporate reputation, finances and, in some cases, plaintiffs’ health and lives.
The complex, arduous work required can overwhelm existing resources, so clients turn to our senior experts’ class action litigation experience and antitrust expertise. For decades, we have aided clients around the globe in responding to financial accounting and economic data discovery requests and interrogatories. We also prepare analyses that evaluate claims and our client’s positions, and we appropriately limit the scope, minimising the impact of potential exposure.
Competition
Government agencies, companies and law firms in industries under regulatory scrutiny may need to assess the...
Government agencies, companies and law firms in industries under regulatory scrutiny may need to assess the state of competition in an industry for many reasons — concerns over market consolidation, dynamic market changes, evaluation of new regulations or revision of old ones, deregulation of industries, consumer protection policies, or even new business practices or a merger. FTI Consulting has assisted with many of the highest-profile, most complex global antitrust and M&A actions and transactions, as well as major market inquiries and competition investigations in many industries. Clients engage us for our extensive training and experience to develop a thorough understanding of the issues, apply relevant economic theory, and provide rigorous economic analyses supported by solid and persuasive empirical evidence.
Mergers & Acquisitions
To succeed in M&A initiatives, regulatory authorities, major law firms and the corporations involved must...
To succeed in M&A initiatives, regulatory authorities, major law firms and the corporations involved must have a deep and nuanced understanding of markets, potential anticompetitive effects and M&A policy. When they need expert support to help analyse options, determine the best course of action and manage the massive amounts of data involved with M&A transactions, these organisations engage FTI Consulting. Based around the globe, our senior professionals have unrivalled expertise in analysing and articulating the competitive effects and consumer benefits of M&A, especially in complex and dynamic markets such as healthcare, technology and networks.
Regulatory Investigations & Litigation
For an organisation that has not responded promptly or sufficiently to a government regulator across all aspects...
For an organisation that has not responded promptly or sufficiently to a government regulator across all aspects of an inquiry, the stakes could not be higher: A large fine or even a failed merger is a possible consequence. Companies and law firms that want to ensure success engage our experts as their tested and proven guides through this process.
We have deep experience with regulatory bodies and a vetted merger clearance investigations methodology that incorporates our leading technology and workflows. We know how to gather and analyse the information needed to refine the focus of an investigation, contributing to the best possible outcomes. We combine this experience with the flexibility and ingenuity necessary to handle the unique characteristics and specific needs of each client’s situation. These same skills apply to a wide array of e-discovery needs in government inquiry and litigation. Our experience and technology help ensure timely and accurate submissions to antitrust or other regulators, every time and on all aspects of an inquiry.
Divestitures & Remedies
Companies often carve out and spin off transactions to divest non-core operations, improve capital allocation,...
Companies often carve out and spin off transactions to divest non-core operations, improve capital allocation, unlock value or respond to regulatory requirements in a merger investigation. Remedies are an important aspect of merger control, as many mergers with identified competition concerns are cleared with remedies. The technology aspect of divestitures is often underestimated and is challenging due to tight time frames coupled with organisational, business and system complexity.
Our experts have extensive experience in translating legal requirements into actionable criteria and have delivered innovative remediation solutions for handling complex legacy and emerging data sources. We also have extensive data classification and compliance experience to meet elevated standards for auditability and traceability throughout the process, as mandated by competition authorities and their appointed monitoring trustees.
