ECONOMICS AND STATISTICS

Overview and Capabilities

AREAS OF EXPERTISE

STATISTICAL ANALYSIS,ECONOMETRICS, AND DATAANALYTICS

LABOR AND EMPLOYMENT

ECONOMIC DAMAGES

INTELLECTUAL PROPERTY

CLASS ACTION/ CLASS CERTIFICATION

REGULATORY DISPUTES

MERGER ADVISORY/LITIGATION

ANTITRUST LIABILITY AND DAMAGES

The stakes can be high for companies engaged in litigation or making critical decisions about their business. In many cases, companies and their counsel look to economists to provide the rigor, expertise, and analytical perspective to advise and help resolve their complex matters. Ankura’s economics and statistics team assists clients in developing innovative solutions across a wide array of legal, economic, accounting, and regulatory issues. Our team includes Ph.D.’s in economics and related disciplines, and many have held academic and senior government positions. Our experts are seasoned testifiers who clearly and persuasively explain complex ideas and analyses to regulators and triers of fact.

Our economists have extensive experience in antitrust matters including claims associated with anticompetitive horizontal agreements (price fixing, bid rigging, potential anticompetitive effects of joint ventures), unilateral conduct (predatory pricing, refusals to deal, monopolization via patent fraud), and vertical restraints (exclusive dealing, requirements contracting, price squeezing, tying, loyalty rebates, anti-steering provisions, and bundling). They have presented their analyses in regulatory and court settings in the US and many other jurisdictions around the world.

ANTITRUST LIABILITY AND DAMAGES

We assist companies across a wide range of industries in analyzing the anticipated effects on competition of proposed mergers and acquisitions and supporting our conclusions before relevant agencies and courts. The methodologies we apply include detailed economic and econometric analyses, diversion analysis, pricing pressure measures, merger simulation, event studies, and others that are useful for determining the likely effects of a merger and as a framework for evaluating risk mitigation strategies.

MERGER ADVISORY LITIGATION

We have deep expertise in the economics of regulation and regulated industries, including telecommunications, energy, pipelines, and healthcare. Our economists routinely advise and testify in regulatory disputes that require assessment of the degree of competition in the market; the extent to which deregulation would enhance efficiency and social welfare; the effects of alternative regulatory mechanisms; and the determination of regulated prices. Our experts have assisted clients and testified in state regulatory proceedings; in federal regulatory proceedings; and in the international regulatory agencies of the EU, UK, and other countries.

REGULATORY DISPUTES

We assist clients in class action matters including those alleging consumer fraud, employment discrimination, product liability, misleading advertising, and antitrust and securities violations. We have extensive experience applying economic theory and empirical techniques in the class certification and damages phases of class action litigation, as well as in the liability phase of antitrust class action litigation. Our experts provide results that are economically sound and articulated persuasively and clearly.

CLASS ACTION/CLASS CERTIFICATION

We conduct economic analyses of patent infringement, trade secrets, non-compete provisions, copyright violation, trademark dilution, and intellectual property (IP) valuation. We construct and evaluate economic damages models, including models of lost profits, reasonable royalties, unjust enrichment, and diminution in value. In addition, we analyze the antitrust implications of various types of IP licensing arrangements, including those that are the subject of antitrust counterclaims or that arise from IP litigation settlements.

INTELLECTUAL PROPERTY

Our economists have extensive experience developing and applying financial and economic models to analyze and quantify complex damages claims. Damages analysis in complex litigation often requires establishing causation between the disputed actions and the alleged damages as well as estimating the prices that would have prevailed, the volumes that would have been sold, the profits that would have been earned, the business value that would have been achieved, or other outcomes that would have occurred absent the alleged violations. We are routinely called upon to address each of these issues and to develop damages estimates using economic models that are consistent with the workings of the relevant businesses and markets under investigation.

ECONOMIC DAMAGES

Our economists employ economic theory and quantitative methods, grounded in a thorough understanding of market facts and industry history, to provide a full range of economic advice and expert testimony regarding issues that arise in litigation, arbitration, and regulatory disputes. We have extensive experience collecting and interpreting economic data and performing econometric analysis and other quantitative modeling. We identify and critically evaluate potential dis-tortions in the data that might otherwise result in inaccurate damages assessments or inappropriate market conclusions. We frequently handle, prepare, and analyze very large data sets and are able to build data sets from primary sources.

STATISTICAL ANALYSIS, ECONOMETRICS, AND DATA ANALYTICS

With expertise in labor economics and practical experience with very large and complex employee databases, our economists conduct analyses and provide expert testimony in wage and hour, employment discrimination, FLSA classification, and various other national and local labor matters. We serve as expert testifiers in employment matters involving a broad spectrum of industries and markets, including healthcare and life sciences, energy, manufacturing, insurance, transportation, and utilities.

LABOR AND EMPLOYMENT

We advise and testify in matters spanning a wide spectrum of industries:

INDUSTRIES

1. Healthcare, pharmaceuticals, and life sciences

2. Telecommunication and digital networks

3. Manufacturing and industrial products

4. Consumer products and retail 5. Energy 6. Financial services

7. Motor vehicles 8. Public utilities 9. Transportation, logistics, and

distribution 10. Aerospace and defense

Whether a client is facing an immediate business challenge, trying to increase the value of their company or protect against future risks, Ankura designs, develops, and executes tailored solutions by assembling the right combination of expertise.

We build on this experience with every case, client, and situation, collaborating to create innovative, customized solutions, and strategies designed for today’s ever-changing business environment. This gives our clients unparalleled insight and experience across a wide range of economic, governance, and regulatory challenges.

At Ankura, we know that collaboration drives results.

ABOUT US

Ankura is a business advisory and expert services firm defined by HOW we solve challenges.

© 2018 Ankura Consulting Group, LLC