VIDEO GAME ANTITRUST EXPERT WITNESS CONSULTANTS AND TESTIMONY

Video game antitrust expert witness consultants are rising in prominence as the gaming business also attracts growing attention from regulators and lawmakers alike. Hence the various avenues of research that you’ll often find thought leaders exploring, and the top testifying video game antitrust expert witness providers examining:

1. Categorizing and Plotting: Examining market shares, entry barriers, and the degree of concentration to evaluate potential anti-competitive effects in the video game industry, which encompasses various platforms, genres, and distribution channels.
2. Monopolization and Abuse of Dominance: Allegations of monopolization or abuse of dominant market position can arise in the gaming sector. Pros evaluate whether a company has unlawfully acquired or maintained monopoly power through exclusionary conduct, such as tying arrangements, exclusive dealing, or predatory pricing.
3. M&A Activity: The industry has witnessed significant consolidation recently, with major acquisitions and mergers between publishers, developers, etc. Top video game antitrust expert witness leaders assess the potential anti-competitive effects of proposed mergers and acquisitions, analyzing factors like market shares, entry barriers, and the likelihood of coordinated interaction among remaining competitors.
4. Intellectual Property and Antitrust: Intellectual property rights are a main focus where game mechanics, character designs, and software are heavily protected. Consulting pros opine on issues such as patent pooling, tying arrangements involving patented products, and the potential for patent misuse or sham litigation to stifle competition.
5. Vertical Restraints and Distribution Practices: Leaders scrutinize vertical agreements between video game publishers, developers, and platform holders or retailers, assessing whether practices like exclusive dealing, territorial restrictions, or resale price maintenance have anti-competitive effects.
6. Price-Fixing and Market Allocation: Allegations of horizontal agreements among competitors to fix prices, rig bids, or allocate markets or customers are serious antitrust violations. A video game antitrust expert witness analyzes evidence of such collusive conduct and quantify the resulting harm to competition and consumers.
7. What to Pay Out: Quantifying the extent of the harm caused to plaintiffs or the ill-gotten gains obtained by defendants. Advisors employ complex economic models and analyses to calculate damages or disgorgement of profits.

And you so you begin to get a sense of where top video game antitrust expert witness consultants factor into the equation for attorneys and law firms plotting case strategy.