TECHNOLOGY ANTITRUST EXPERT WITNESS TESTIMONY & CONSULTANTS

A technology antitrust expert witness comes into play when major IT companies are pulled into legal matters of significant size and scope. Pros are often called to opine on:

1. Market definition and market power – Among the first steps in the case for a technology antitrust expert witness is defining the relevant market and assessing a company’s power within that market. Advisors analyze factors like product substitutability, geographic boundaries, and market share data to determine if a firm has monopoly power.
2. Anticompetitive conduct – Authorities evaluate whether a tech company’s business practices, like exclusive dealing contracts, tying arrangements, or pricing strategies, constitute anticompetitive conduct that harms competition. A technology antitrust expert witness provides an analysis that looks at market effects and consumer impacts.
3. Entry barriers – High entry barriers can reinforce a dominant firm’s market power by making it difficult for new competitors to enter the market. Leaders study areas like economies of scale, network effects, intellectual property rights, and access to essential inputs or distribution channels.
4. Innovation impacts-  In dynamic IT markets, weighing impacts on innovation can be important. A top technology antitrust expert witness will investigate whether conduct is stifling upstart rivals or raising costs for complementary product developers in anti-competitive ways.
5. Merger analysis – For proposed mergers and acquisitions, technology antitrust expert witness consultants analyze whether the combined firm would have increased ability and incentive to harm competition through unilateral or coordinated effects. Econometric modeling may project price and output changes.
6. Monopolization and attempted monopolization – When assessing claims under Sherman Act Section 2, advisors examine if a company has willfully acquired or maintained monopoly power through anticompetitive conduct rather than competition on the merits.
7. Damages quantification – If antitrust liability exists, the best technology antitrust expert witness consulting firms calculate economic damages from overcharges, lost profits, or other antitrust injuries. Modeling techniques aim to quantify harm to competition versus external market factors.

Given the highly technical nature of many issues in the IT sector, technology antitrust expert witness consultants are constantly helping courts and juries understand the competitive dynamics and economic principles at play. Analysis and testimony can be decisive.