Antitrust
LMS serves clients in many aspects of an existing or potential antitrust action, which may stem from mergers, patent infringement suit or contract dispute. The finding of liability in antitrust matters often hinges upon the testimony of economists who have performed competitive impact analysis of the behavior under scrutiny. Similarly, testimony on damages may also be necessary.
Examples of some of the issues on which we advise are:
- Defining the relevant antitrust market
- Analyzing the existence, extent, and externalities of market power
- Assessing whether price levels or structures are excessive, discriminatory, or predatory
- Evaluating the impact on the market of horizontal and vertical mergers
- Assessing the extent of strategic barriers to entry
- Intellectual property/competition policy interface