|Global head||Martha Samuelson|
|Total size of firm||875|
|% of firm specialised||31%|
|Who’s Who Legal: Competition nominees||6|
Boston-based Who’s Who Legal: Competition nominee Martha Samuelson leads the large team of 268 in-house competition economists at Analysis Group. In the past year, the wider team worked on 116 litigation cases, 40 merger reviews and two dozen government investigations.
The firm’s experience covers a broad range of jurisdictions and sectors, including in the markets for pharmaceuticals, healthcare, technology, financial services, transportation and agribusiness. The firm has also provided confidential economic analyses of digital markets in multiple matters and investigations. It has recently worked on matters across the Americas, Europe, Asia, the Middle East and Australia.
Qualcomm tapped the consultancy to assist in its fight against an antitrust suit brought by the US Federal Trade Commission. The competition enforcer accused the chipmaker of refusing to license its standard-essential patents in wireless technology to rival chip manufacturers and charging supracompetitive royalty rates to mobile phone manufacturers. Although a federal judge in California initially found in favour of the FTC, the US Court of Appeals for the Ninth Circuit unanimously reversed the district court’s ruling in August 2020, holding that neither Qualcomm’s licensing practices nor its royalty rates violated US antitrust laws.
The consultancy also advised meal voucher services provider Octoplus in a complaint to France’s Competition Authority against four of its major rivals, accusing the companies of sharing confidential data and preventing market entry. The French enforcer found in favour of Octoplus after Analysis Group helped analyse the anticompetitive pricing strategies.
Analysis Group also worked on multiple reverse payment litigations in the pharmaceutical market. GlaxoSmithKline and Teva retained the firm to advise on an antitrust lawsuit filed by direct purchasers of Lamictal, an anti-epilepsy drug manufactured by GSK. The Analysis Group team submitted an expert report critiquing the opposing expert’s reliance on the average prices of the brand and generic versions of Lamictal to establish proof of common injury. The US Court of Appeals for the Third Circuit vacated a lower court’s order that certified a class of direct purchaser plaintiffs in April and remanded the case back to the district court.
Analysis Group was also retained by Allergan to provide competitive analyses in support of its sale to AbbVie. The blockbuster deal was approved by both the European Commission and the Federal Trade Commission subject to the divestiture of specified drugs.
Antitrust has been a core focus of Analysis Group’s work for 40 years. From our 14 offices in the US, Canada, Europe, and Asia, we integrate industrial organization theory, industry-specific expertise, and the latest quantitative analytical methods to shed light on the conduct and market dynamics at issue in antitrust litigation, merger reviews, and market investigations. We have proven expertise in complex antitrust and competition assignments related to class certification and collective proceedings, liability, quantum of damages, pass-through, and competitive effects and optimal remedies for proposed mergers and acquisitions.
Our antitrust and competition work covers a range of industries and markets, including high tech, media and telecommunications, financial products, manufacturing, insurance, health care and pharmaceuticals, agriculture and natural resources, energy, and many others. Our experience includes significant involvement in litigation, market investigations, and studies of platform markets in North America, Europe, and Asia going back decades, involving companies such as Facebook, Google, Qualcomm, Microsoft, Mastercard, and Intel.
In addition, over the last decade our experts have provided antitrust analyses and testimony in some of the most significant horizontal and vertical mergers around the world in a diverse range of industries, including media and telecommunications, health care and pharmaceuticals, transportation, oil and gas, and retail. In merger control matters, our economists routinely define relevant markets and assess market concentration; analyze barriers to entry; estimate impacts on efficiencies, innovation, and other market factors; and support the design of optimal remedies.
The pharmaceutical industry has also been an important area of focus for our antitrust work, including high-profile matters involving allegations of reverse payment, product hopping, and delayed generic entry. In other areas, we have provided economic and market analyses in some of the largest cartel cases in different industries, such as online services, financial services and products, agriculture, food and beverages, credit cards, computers and technology, manufacturing and supply, and transportation.
Alongside our antitrust and competition work, we provide expertise in economics, finance, intellectual property, health care analytics, and strategy to top law firms, Fortune 500 companies, and government agencies. Drawing on our global network of internal experts and affiliated experts from academia, industry, and government, we offer our clients exceptional depth of analysis.