Abuse of Dominance & Monopolization

Our experts use economic and technical expertise to help clients determine when competing aggressively crosses over into abuse of dominance or monopolization. When do exclusive contracts, loyalty rebates, price discrimination, low or excessive pricing become anti-competitive? The distinction between pro- and anti-competitive behavior can be subtle and may depend on specific circumstances. Identical pricing and contractual practices may be acceptable when a firm’s market share is low but proscribed when its share is high. CRA brings clear thinking and cogent analysis to understanding these complex issues.

CRA helps clients, competition agencies, and courts assess the effects of potentially abusive conduct. Our economic expertise allows us to identify potential “theories of harm” and formulate analyses to assess any such harm. Since most conduct could have alternative, pro-competitive justifications, we use economic models of firm and consumer behavior, as well as empirical analysis, to assess whether consumers, not just competitors, are adversely affected. We work with our clients and their legal teams to navigate competition investigations as well as advise them in advance on whether their own conduct, or that of their competitors, could be considered abusive.

From tech to pharma, from ice cream to e-books, our abuse of dominance work has involved some of the most high-profile cases in recent years.