GCR 100 2022

Berkeley Research Group

Berkeley Research Group

Professional notice

Global headHenry Kahwaty, David Kaplan, Dante Quaglione, David Scheffman
Home jurisdictionUS
Countries with competition specialists5
Continents with competition specialists3
Total number of economistsDid not disclose
Competition economists183
% of firm specialisedN/A
Who’s Who Legal: Competition nominees9
Group one35
Group two28
Group three60
Group four60
Lateral hiresDid not disclose
Departures2
Internal promotions7

Berkeley Research Group has an outstanding US-based competition economics practice, which is supported by teams in Canada, Mexico, South Africa and the UK. Executive director David Kaplan and managing directors Henry Kahwaty and David Scheffman head up the competition group, assisted by London-based managing director Dante Quaglione on the other side of the Atlantic. 

A total of 183 antitrust specialists work on a mix of competition matters, although much of this leans towards litigation. Texas-based Brad Noffsker and Craig Schulman were retained by BMC to provide expert reports and deposition testimony for antitrust counterclaims in litigation against defendant IBM in the US District Court for the Southern District of Texas. Noffsker and Schulman also linked up with Matt Neideffer to assist a class of plaintiffs in litigation against the National Association of Realtors, Realogy Holdings, HomeServices of America, BHH Affiliates, HSF Affiliates, the Long & Foster Companies, RE/MAX and Keller Williams Realty in the US District Court for the Western District of Missouri.

Meanwhile, a transatlantic team advised Telkom in proceedings against Vodacom and other parties before the Competition Tribunal of South Africa. Telkom has challenged a network-sharing agreement between Vodacom and Rain, which it claims was a merger and subject to antitrust scrutiny. 

Berkeley Research Group also advises far more clients on merger control matters, although most of this work is confidential. The only other disclosable recent mandate is assisting Republic Services on its acquisition of Santek, which the Department of Justice conditionally cleared in March 2021 subject to the company divesting its waste collection and disposal assets in five states. The consultancy also advised a company before the Federal Trade Commission in an acquisition that closed with remedies and also prepared a report for a third party challenging a confidential deal before South Africa’s Competition Tribunal.

Berkeley Research Group (BRG) provides to counsel, corporations, and governments independent and objective analysis and testimony in matters involving antitrust litigation, mergers and acquisitions, and agency competition reviews.

Our experts combine a deep understanding of actual market behavior with relevant economic theory and sound empirical research. They have provided testimony and made presentations concerning antitrust issues in both state and federal courts and in meetings and hearings before the European Commission, Federal Trade Commission (FTC), U.S. Department of Justice (DOJ), Canadian Competition Bureau and Competition Tribunal, other competition agencies and tribunals, and sector-specific regulators.

In recent years, BRG has added top talent to its already distinguished roster of economists. In 2020, significant hires included Michael Williams, who joined along with a group of leading academics, including chaired professors and former chief economists at the Antitrust Division of DOJ, FTC, and US Federal Communications Commission such as Luke Froeb, Lawrence Van Horn, and David Sibley. In 2021, Rick Warren-Boulton, David Eisenstadt, and James Langenfeld joined the firm, bringing 17 years of government antitrust agency experience and over 150 years of professional experience advising and testifying on antitrust/industrial organization and non-antitrust commercial litigation issues.

Additionally, BRG Executive Chairman David Teece is a renowned economist and an authority on matters of industrial organization, technological change, and innovation, particularly as it relates to antitrust and competition policy and intellectual property. Dr. Teece has been selected as a Clarivate Citation Laureate in economics for his pioneering research on entrepreneurship, innovation, and competition. He also was named to the 2020 Thinkers50 Hall of Fame.

Working with BRG means being connected to a deep pool of qualified experts who identify key issues, apply relevant theories, employ leading-edge data analytics, and use sophisticated techniques to arrive at the strategic insights, authoritative reports, and independent testimony that our clients count on. Our experts also bring expertise from sectors including healthcare, energy and climate, construction, financial services, government contracts, higher education, retail and consumer goods, and telecommunications, media, and technology. We have the resources to address the increasingly dynamic antitrust landscape.

BRG is a global consulting firm that helps leading organizations advance in three key areas: disputes and investigations, corporate finance, and performance improvement and advisory. BRG has more than forty offices on six continents.

Website: www.thinkbrg.com

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