GCR 100 - 17th Edition

Economists Incorporated

10 January 2017

Economists Incorporated

Economists Incorporated’s work on controversial mergers has put it on the other side from the US Department of Justice multiple times in the past year.

  • Represented two pharmaceutical companies and three healthcare companies on various issues
  • Worked on noteworthy deals, including the mega-merger of health insurers Anthem and Cigna
  • Advised on the ongoing Domestic Drywall antitrust litigation
Global heads Jonathan L Walker, David A Argue, Matthew B Wright
Home jurisdiction US
Total size of firm 58
Competition economists 36
% of firm specialised 62%
Who’s Who Legal: Competition nominees 0
Group one 11
Group two 3
Group three 11
Group four 11
Lateral hires 1
Departures 2
Internal promotions 0

Things remained relatively the same for Economists Incorporated in terms of the firm’s size this past year, even as the 36 competition specialists engaged in interesting and complex antitrust work. The team worked on Tribune Publishing’s acquisition of Freedom Communications out of bankruptcy, analysing the market affected by the deal and submitting a declaration to a federal court. The deal was investigated and opposed by the US Department of Justice’s antitrust division, and ultimately enjoined. Economists Incorporated also has been involved in the health insurance merger between Anthem and Cigna. The firm analysed the market definition and market shares, the likelihood of competitive effects arising from the merger, and the possibility of buying-side market power, among other concerns. At the time of writing, the Antitrust Division was going to trial to stop the tie-up.

Turning to conduct issues, Economists Incorporated worked on more than a dozen collusion cases this past year and several monopoly cases, including at least two in the pharmaceutical industry. Philip Nelson served as the testifying expert for plaintiff SawStop in its claim that large manufacturers of power tools engaged in a group boycott of the company’s table saw safety technology antitrust litigation. He analysed the implications of the alleged boycott and the damages claims. The firm provided deposition testimony for defendant CertainTeed Gypsum in the Domestic Drywall antitrust litigation, examining and analysing the alleged conspiracy involving gypsum wallboard products. The client won its motion for summary judgment.

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