Antitrust and Competition

As the legal standards for proof of anti-competitive conduct and injury have tightened, it has become increasingly important for experts to work closely with data, thoroughly understand the industry domain, and support their results with solid statistics. However, for the often complex results to serve their purpose, they must be communicated in a simple and intuitive manner. OnPoint meets these needs with a multidisciplinary team that offers our clients not only a thorough knowledge of the best practices in economics, statistics and finance, but also an understanding of the relevant legal and regulatory environments in the United States and abroad. Team members include economists, statisticians, data professionals, industry analysts, and graphic artists. The OnPoint affiliated experts who guide these teams include some of the world’s leading authorities on issues of competition, industrial organization, finance, and statistics—issues at the heart of antitrust litigation.

OnPoint provides testimony and consulting services in all types of antitrust and competition matters, including price-fixing, predatory pricing, bundling, exclusionary conduct, and mergers and acquisitions. Issues routinely addressed by our experts include relevant market definition, proof of anti-competitive conduct and antitrust injury, statistical modeling of but-for prices, volumes and market decisions, and computation of damages. Our experience extends across a broad spectrum of industries, including, for example, transportation, construction materials, food and agriculture, healthcare, lumber and finished wood products, insurance, computer technologies, metals, commodities trading and paper products.

OnPoint’s experts have decades of experience testifying on competition issues, for both plaintiffs and defendants. This work has involved supporting and opposing class certification, as well as opining on liability and estimating damages. OnPoint has been involved in some of the highest value and most important cases in the antitrust field.

We currently serve as the lead economic expert for Plaintiffs in In Re: Rail Freight Fuel Surcharge Antitrust Litigation, which alleges that the four largest U.S. rail freight carriers conspired to set prices by imposing unwarranted and excessive rail freight surcharges. In In Re: Insurance Brokerage Antitrust Litigation, OnPoint provided all data and analytical services and supplied plaintiffs’ sole economic and damages expert for the coordinated actions. Recent antitrust successes include the price fixing case In Re: Ready Mixed Concrete in which OnPoint provided expert support for the plaintiffs at the class certification stage, through to a favorable settlement. In multiple class actions alleging manipulation of prices for raw milk in the Southeast region of the U.S., OnPoint expert support helped secure favorable settlements which resulted in large payments from all defendants involved. We work on not only class actions but also on individual claims alleging antitrust violations, such as the price manipulation of LCD screens. OnPoint’s experts have also been central to the evolution of competition law in the pharmaceutical field, playing critical roles in In Re: Brand Name Prescription Drugs Antitrust Litigation challenging prescription drug pricing, as well as numerous cases establishing the ground rules for generic entry delay. Other well-known commodity-based antitrust actions in which OnPoint experts have played a key testifying role include In Re: High Fructose Corn Syrup Antitrust Litigation, In Re: High Pressure Laminate Antitrust Litigation, In Re: Sumitomo Copper Litigation, and Sanitary Paper Cases I and II, California.