Case
Multiple Antitrust Litigations on Behalf of Large Semiconductor Manufacturer
Analysis Group was retained on behalf of counsel for a large semiconductor manufacturer to provide economic consulting support to multiple experts in several antitrust litigations and investigations involving allegations of anticompetitive behavior to maintain exclusivity in the relevant market. Our consultants supported multiple experts in the evaluation and calculation of damages, and the development of a state-of-the-art demand model to differentiate the effects of alleged conduct from other pro-competitive conduct and characteristics. Our team also analyzed manufacturing capacity issues and identified sources of competitive advantage in the industry as well as ways to define marginal cost. The cases settled before trial.
In a matter in the European Union, our team supported our affiliated expert in his analysis of the manufacturer's variable cost of manufacturing and selling a CPU. Our expert filed three reports on behalf of the client with the European Commission. Analysis Group consultants also supported two experts in an investigation by the New York State Attorney General's Office into the manufacturer's pricing and contracting practices, and particularly, whether rebates and discounts had been used to foreclose market access. In addition, we were retained to provide economic consulting support involving allegations brought by the plaintiff, a competitor, that the manufacturer participated in the tying of various products. We also provided economic consulting to the company in a subsequent investigation by the FTC.
The various matters were managed by CEO Pierre Cremieux and/or Chairman Martha Samuelson. The case teams included affiliate Elizabeth Eccher; Managing Principals Rebecca Kirk Fair, Marc Van Audenrode, Aaron Yeater, and Samuel Weglein; Principal Jimmy Royer; and Senior Advisors Almudena Arcelus and James Rosberg.
Associated People
Jimmy Royer
PrincipalDr. Royer applies a broad range of quantitative tools to address client needs in data science, statistics, HEOR, finance, intellectual property, competition policy, and antitrust cases in the United States, Canada, and the EU. His recent work includes predicting the potential future onset of rare or undiagnosed conditions with machine learning models; predicting whether patents would be considered essential to technological standards if challenged in courts; valuing patents in the communications industry; evaluating damages related to product defects; analyzing investment guidelines in securities lending suits; addressing allegations of monopolization in major antitrust cases involving high tech firms; and supporting many academic experts on mutual fund market timing and excess fee cases. In addition, Dr. Royer has conducted extensive academic research and coauthored books and papers on topics such as using new AI advances in HEOR; predicting treatment resistance in tuberculosis, using machine learning algorithms in propensity score models; measuring the impact of ESO backdating on shareholders’ wealth; analyzing mutual fund pricing; analyzing antitrust limit pricing; valuing private investments for hospitals in Canada; determining the impact of hypertension therapies on mortality; and comparing unemployment compensation in different countries.
Marc Van Audenrode
Managing Principal*Dr. Van Audenrode is an expert in data analysis and econometrics, labor economics, antitrust and competition policy, and public economics. He has consulted to clients - including law firms and government agencies - in Canada, the US, and Europe. Dr. Van Audenrode’s work includes developing a methodology to value desktop software; he also developed expertise valuing goods as varied as restaurant franchises, executive stock options, or smartphone features. His recent work in public economics includes evaluating the economic rent from hydroelectricity to the Canadian economy and the value of logging rights on the ancestral territory of a Canadian First Nation. In the area of labor economics, his work has included filing an expert report assessing fair compensation for Quebec provincial judges and Quebec prosecutors and advising Quebec’s commission on pay equity. Dr. Van Audenrode has filed expert reports in courts in the US, Canada, Belgium, Germany, France, and the Netherlands, and has testified in Canada and the US. He recently filed a report with the Amsterdam Court of Appeal in support of the settlement reached between Ageas and claimant organizations in the Fortis case, the largest settlement ever reached through the Dutch Collective Settlement Act (WCAM). Dr. Van Audenrode’s scientific research and articles have been published in numerous peer-reviewed academic journals and trade journals. He is a coauthor of the book The Mutual Fund Industry: Competition and Investor Welfare, and is a frequent presenter at industry and academic conferences.
*Marc Van Audenrode srl