antitrust and competition

Monopolization & Abuse of Dominance

Our experts use economic and technical expertise to help clients determine when competing aggressively crosses over into monopolization or abuse of dominance. 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.


  • 01
    Alleged foreclosure from API supply agreements
    CRA was retained by a plaintiff generic manufacturer in antitrust litigation involving an infused hospital pharmaceutical product. At issue were claims...
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  • 02
    A report for PST Eletrônica S.A. in a lawsuit contesting a CADE’s decision
    CADE convicted PST Eletrônica S.A. for anticompetitive conduct due to exclusivity in its contracts with car alarms distributors. PST appealed to courts. Daniel...
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  • 03
    A report for TotalPass in a complaint against Gympass
    TotalPass (wellbeing apps market) has filed a complaint against Gympass before CADE for anticompetitive conduct. According to the complaint, Gympass...
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