Antitrust and Trade Regulation

F&M has been involved in numerous antitrust liability and damages matters, as well as antitrust issues stemming from the enforcement of intellectual property rights.

F&M Capabilities

  • PhDs in economics and experienced Big Four CPAs
  • Experienced expert witnesses
  • Economic analysis of product and geographic markets
  • Experienced in issues linking intellectual property and antitrust
  • Experienced in working with federal agencies
  • Experienced in high technology, new media, computer hardware and software
  • Pre-trial issues analysis
  • Evaluation and calculation of damages
  • Settlement evaluation analysis

F&M Case Histories

  • In a merger matter before the Federal Trade Commission, F&M provided analysis and testimony concerning relevant product and geographic markets, impact on consumers, recent price and cost trends, entry barriers and evolving market concentration.
  • In a criminal price fixing matter involving several manufacturers of industrial products, F&M developed methodology to calculate potential over-charges to customers by determining the timing and extent of price changes and discounts of over 10,000 products for a four- year period.
  • F&M determined the extent of price discrimination and below cost pricing in the wholesale food products industry during the entry of a competing product.
  • In an antitrust counter claim arising in a patent infringement matter, F&M determined the extent of market power of a machine tool manufacturer.
  • F&M analyzed the circumstances surrounding a dealer-distributor dispute and revealed a scheme to exclude a dealer from a market by providing preferences to a rival dealer including freight subsidies, advertising allowances and alleged "meeting competition" discounts.