GCR 100 2023

Analysis Group

Analysis Group

Professional notice

Global headMartha Samuelson
Home jurisdictionUS
Countries with competition specialists5
Continents with competition specialists2
Total number of economists872
Competition economists358
Percentage of firm specialised41%
Who’s Who Legal: Competition nominees5
Group oneNot disclosed
Group twoNot disclosed
Group threeNot disclosed
Group fourNot disclosed
Lateral hires2
Internal promotions10

Martha Samuelson heads up Analysis Group’s sizeable team of competition economists. The consultancy has built up a formidable reputation on both sides of the Atlantic with 358 specialists in Belgium, Canada, France, the UK and the US. 

During our research window, the competition group advised on 49 in-depth merger probes, 226 antitrust litigations and 18 government investigations.

Recent highlights include acting across from Veolia on behalf of Suez during multiple reviews of their merger. The deal won unconditional clearance in Brazil, Chile, Taiwan and China, as well as conditional approvals in the EU and Australia, although the UK’s Competition and Markets Authority forced the companies to unwind the UK aspects of the tie-up in August 2022.

As per current enforcement trends, Analysis Group has been active in antitrust litigation relating to labour markets, including in no-poach, wage-fixing and price-fixing cases. Analysis Group president Pierre Cremieux testified as the sole economic expert for the defence as the US Department of Justice sued DaVita and its former chief executive Kent Thiry in the first-ever criminal no-poach case brought by the agency to go to trial. The defendants were found not guilty on all charges in April 2022, after Cremieux testified that there was no statistical evidence of a decline in hiring from the alleged agreements and that there was neither a decrease in employee turnover rate nor compensation relative to benchmark data from the US Bureau of Labor Statistics. Analysis Group also provided economic evidence for all five individual defendants in a criminal price-fixing case related to broiler chickens, securing acquittals for each in July 2022 following a five-week trial in Colorado.

The consultancy is active in digital markets, helping Apple defeat most of Epic Games’ monopolisation claims in the US after testifying on market definition, market power and the economics of two-sided platforms. Analysis Group was also tapped by Meta and Apple to conduct independent studies during our research period.

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.

In a wide range of industries and markets, our economic, technical, and industry experts provide research and analytical support to counsel, prepare expert reports, and testify in complex antitrust and competition assignments involving class certification and collective proceedings, liability, quantum of damages, pass-through, labor markets, innovation, quality, and efficiencies.

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.

Cartels: We frequently provide economic and market analyses and testimony in both criminal and civil matters involving cartel allegations in many different industries, including financial services, pharmaceuticals, hardware, and food processing. In 2022, this work figured prominently in two high-profile cases involving price-fixing, wage-fixing, and no-poach agreements:

  • On behalf of five individual defendants in a criminal matter brought by the U.S. Department of Justice (DOJ) over broiler chicken meat pricing, our testifying expert Professor Edward Snyder showed that an analysis of economic data and industry business practices did not support the DOJ’s theory of price-fixing and bid rigging. Following a five-week trial, a jury acquitted all five defendants.
  • As the sole economic expert for the defense in U.S. v. DaVita Inc. and Kent Thiry, the first criminal no-poach case brought by the DOJ to go to trial, Analysis Group President Pierre Cremieux provided economic and hiring analyses that successfully countered allegations that the defendants had conspired with three other health care companies to allocate labor. After being allowed to question Dr. Cremieux in depth about his testimony, the jury found DaVita and its former CEO Kent Thiry not guilty on all charges. Subsequently, the American Bar Association (ABA) invited Dr. Cremieux to join its exclusive international cartel workshop to discuss this case and his other work from the unique perspective of a testifying economist.

Digital Platforms: Analysis Group has significant and ongoing involvement with multi-sided digital and transaction platform markets in North and South America, Europe, Asia, and Australia, involving competition and economic analyses for litigation support, market studies, white papers, and articles. Our work in the digital and technology sectors goes back decades and includes many of the world’s largest digital platforms, payment services, and online media companies.

Merger Reviews: 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 multi-sided digital and transaction platforms, media and telecommunications, health care, pharmaceuticals, transportation, oil and gas, luxury and consumer goods, and retail. In merger control matters, our economists routinely:

  • Evaluate potential coordinated and unilateral effects
  • Define relevant markets and assess market concentration
  • Analyze barriers to entry
  • Estimate impacts on efficiencies, innovation, labor, and other market factors
  • Support the design of optimal remedies

Pharmaceuticals and Medical Technology: The pharmaceutical industry continues to be an important area of focus for our antitrust work, including high-profile matters involving allegations of delayed generic entry through reverse payment or product hopping.  

Website: www.analysisgroup.com

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