Communications & Media

The economic structure of the telecommunications, video, and related markets has given rise to a number of antitrust allegations often focused on the vertical relationships between companies, the provision of entertainment and news content, the necessity of competitors to interconnect and cooperate as well as compete, the use of technically finite resources such as telephone numbers and spectrum, and the prominence of intellectual property as an input to production. CRA has deep knowledge and expertise in telecommunications institutions, the economics of the relevant technologies, and the history of the governing regulations, to inform our analysis of antitrust claims in the communications industry. We also regularly analyze potential competitive effects and efficiencies in horizontal and vertical mergers involving communications infrastructure, retailing, and content companies.

CRA’s extensive knowledge and expertise in media and its sub-sectors informs our analysis of antitrust claims in the industry. We regularly analyze potential competitive effects and efficiencies in horizontal and vertical mergers involving printed and digital media content and publishing companies.

CRA experts regularly provide expert analysis and testimony in IP disputes related to wireline and wireless telecommunications network equipment, handsets and other consumer communications devices and testing protocols, and communications equipment software and source code. We apply detailed knowledge of communications markets and technology to model next best non-infringing alternatives, quantify economic profits, and assess the effects of alleged intellection property violations on competition in interconnected communications markets, among other methodologies, to testify on damages, unjust enrichment, reasonable royalty, lost profits, FRAND rates, and copyright damages for both plaintiffs and defendants. We also have substantial experience working with clients on IP valuations and strategy in this unique sector.

CRA provides reports and testimony to state regulatory agencies, the Federal Communications Commission, other federal and international regulatory agencies, and legislatures on matters including the effects of proposed rulemakings on competition, market definition and analysis, prices, costs, consumer welfare, innovation, and rate setting. We have extensive experience analyzing mergers in the communications space. Areas of specialty include:

• Determination of telecommunications costs
• Merger analysis
• Opening of markets to competition
• Rate-setting
• Regulation of new and legacy services

CRA assists clients involved in TCPA litigation including, among other services, analyses of complex databases such as call detail records, numbering administrator records, and “do not call” databases, assessments of exposure to TCPA liabillity, and analyses of third-party databases and carrier records for reliability and completeness in the context of class certification.

CRA maintains active, ongoing expertise related to emerging wireless technologies, including 5G. CRA’s experts monitor and analyze the state of competition in 5G network equipment and service markets, relevant spectrum availability in various countries, key technology innovations in 5G and their implications for the economy, the state of 5G deployments worldwide, and the economic effects of public policies that may accelerate or retard deployment of 5G infrastructure.