A CRA expert was retained by the US Department of Justice to analyze alleged efficiencies of approximately $1.2 billion between two leading enterprise software companies. The CRA expert was asked to verify the efficiencies by documenting the calculation of the alleged efficiencies and examining the reasonableness of the company’s documentation, methodology, and analysis of its efficiency calculations. The court relied upon the CRA expert’s conclusion that the alleged efficiencies were not verifiable and not reliable.
Comments on the effect of algorithms and artificial intelligence on the likelihood of coordinated effects as described in Guideline 3 of the draft Merger Guidelines
In this note, we discuss how the Antitrust Division of the Department of Justice and the Federal Trade Commission (collectively, the Agencies) view the effect...