Liz Bailey testifies on behalf of Booz Allen Hamilton in Section 1 injunction hearing win

October 17, 2022

CRA expert, Dr. Elizabeth M. Bailey, testified on behalf of Booz Allen Hamilton in the US District Court for the District of Maryland. In US v. Booz Allen Hamilton Inc. et.al., DOJ challenged the acquisition agreement between government contractors Booz Allen Hamilton and EverWatch Corporation and sought a preliminary injunction under Section 1 of the Sherman Act arguing the agreement would eliminate competition for a single US government defense procurement contract relating to signals intelligence modeling and simulation services.

On October 11, 2022, US District Court Judge Catherine Blake denied the DOJ’s motion for a preliminary injunction, ruling in favor of Booz Allen Hamilton and allowing the parties to close the transaction. Dr. Bailey’s testimony on market definition and the alleged anticompetitive harm was well received by the Court and her analyses were cited favorably numerous times. On December 23, 2022, DOJ dismissed its lawsuit, ending the litigated merger challenge.

Dr. Bailey was supported by a CRA team that included Matthew Johnson, Tanguy Brachet, Duncan Graham, along with many others. CRA’s team worked closely with attorneys at Shearman & Sterling LLP including Ryan Shores, Todd Stenerson, Adam Schwartz, and Ben Gris who represented Booz Allen Hamilton.