Antitrust

Our full-service team helps clients navigate complex antitrust matters. We evaluate potential risks to private antitrust claims or government involvement and offer integrated assistance throughout the lifecycle of antitrust disputes.

Rely on our team’s antitrust expertise to strengthen cases at every step.

As markets evolve and new technologies emerge, antitrust disputes increasingly require sophisticated economic analysis and industry-specific expertise. IMS provides seamless access to the specialized expertise clients need to assess liability, define relevant markets, evaluate competitive effects, quantify damages, and refine strategies in high-stakes competition matters.

Our consultants and expert service providers have partnered with in-house counsel and trial attorneys nationwide in cases involving mergers and acquisitions, monopolization claims, price-fixing allegations, government investigations, joint ventures, and intellectual property licensing disputes. Since antitrust litigation often turns on complex economic evidence, we streamline case preparation to help clients better develop, communicate, and defend their positions.

Whether litigating merger challenges, cartel claims, market allocation disputes, or alleged anticompetitive conduct, rely on IMS to deliver credible expert testimony, strategic consulting, and trial support from early case assessment through trial and appeal. Learn more below.

From Strategy Through Trial: Integrated Antitrust Services

IMS provides coordinated support across the full spectrum of antitrust and competition matters, with expert witnesses, economic analysis, jury consulting, trial graphics, and presentation technology services from one trusted partner. This integrated approach helps legal teams build stronger case narratives, streamline collaboration, and ensure complex economic evidence is communicated clearly at every stage of litigation.

We have a network of highly qualified economists, industry specialists, and damages experts for matters involving monopolization claims, mergers and acquisitions, price-fixing allegations, exclusionary conduct, labor market antitrust issues, Sherman Act and Clayton Act claims, and other unfair competition disputes. IMS antitrust experts have provided testimony, economic analysis, and consulting support in federal and state courts, before the DOJ and FTC, in European Commission proceedings, and in arbitration forums.

Through our custom expert search process, clients can quickly engage experts whose credentials, testimony experience, and subject-matter expertise align with the unique demands of each case.

Supplementing this trusted expert testimony, our litigation consulting teams work alongside clients to develop data-driven case strategies and translate complex economic concepts into clear, compelling presentations. Our jury consultants, graphics specialists, and trial technicians have supported matters involving multidistrict litigation, class actions, intellectual property disputes with antitrust implications, and government investigations.

IMS Antitrust Expertise in Action

Our litigation consulting and expert witness teams bring decades of experience in more than 70,000 cases spanning all industries, including some of the most significant antitrust and competition matters in domestic class actions, international cartel investigations, landmark monopolization trials, and government-initiated merger challenges.

From early case analysis and strategy development through trial testimony and closing arguments, IMS works alongside trial teams to ensure the economic story at the heart of the antitrust matter is told credibly and with maximum impact.

Featured Case Study: NCAA Antitrust Litigation

A class of student-athletes alleged that the defendants, the National Collegiate Athletic Association and eleven of its member conferences, violated federal antitrust law by conspiring to impose an artificial ceiling on the scholarships and benefits that student-athletes may receive as compensation, thereby restraining trade in the relevant market for their athletic services. IMS worked with trial counsel to develop demonstratives for expert witnesses addressing economic issues and NCAA conference compensation rules, translating complex antitrust and market analyses into clear visual evidence for the court.

Read the study and see demonstrative examples here.

Comprehensive Antitrust Capabilities

Market Definition & Competitive Effects

Our economics and statistics testifying experts define relevant product and geographic markets, assess market power, and evaluate whether challenged conduct produced anticompetitive effects. We apply rigorous economic methods, including the hypothetical monopolist (SSNIP) test, diversion ratio analysis, and other empirical techniques, to develop market definition opinions that are methodologically sound, grounded in accepted antitrust economics, and designed to withstand cross-examination and Daubert scrutiny.
Antitrust Damages Analysis

IMS damages experts quantify overcharges, lost profits, and unjust enrichment in price-fixing, market allocation, bid-rigging, and monopolization cases. Our damages models are grounded in accepted economic methodologies, enabling analyses that are suited for cross-examination and Daubert review. We present complex quantitative analyses in ways that are clear, persuasive, and accessible to judges, juries, and arbitrators.
Monopolization & Market Power

IMS evaluates claims and defenses in monopolization, attempted monopolization, and other Sherman Act Section 2 matters, including cases involving alleged essential facilities and refusal-to-deal issues. Our economic experts analyze market power and the sources of that power, barriers to entry and expansion, the competitive effects of alleged exclusionary conduct, and harm to competition in relevant markets. We support clients throughout Section 2 litigation, from discovery through trial.
Merger Review & Government Investigations

Our economists support merger reviews before the Department of Justice Antitrust Division and the Federal Trade Commission. We conduct market definition and concentration analyses, evaluate unilateral and coordinated effects, assess potential competitive harms and efficiencies, and provide expert testimony in administrative proceedings and merger litigation. IMS also assists companies and counsel in responding to DOJ and FTC Civil Investigative Demands (CIDs) and Second Requests.
Vertical Restraints & Exclusionary Conduct

IMS economists evaluate exclusive dealing, tying and bundling, resale price maintenance, and other vertical restraints under the rule of reason. We analyze foreclosure effects, competitive dynamics, market power, and consumer welfare to assess whether challenged conduct is likely to harm competition. Our experts provide rigorous economic opinions on liability and damages across diverse industries and distribution systems.
Labor Market Antitrust & No-Poach Matters

Wage-fixing conspiracies and no-poach agreements among employers have become a major focus of antitrust enforcement by the Department of Justice and the Federal Trade Commission, as well as private civil litigation. IMS labor economists analyze compensation data, labor market definition, employer market power, and the economic effects of alleged restraints on workers. We provide expert economic analysis that supports counsel in government investigations and civil class actions involving alleged labor market restraints.

IMS was a major factor in a trial resulting in a multi-million-dollar verdict. We will use them on our next involved trial for the advantage it gives us.
Partner & Civil Litigator

It is hard to believe that we could ever find another resume more on point than the expert IMS brought us.
Partner, Am Law 100 Firm

FAQs

Antitrust expert witnesses help courts and juries understand complex economic issues central to competition disputes. They analyze market conditions, competitive effects, damages, pricing behavior, and industry data, then provide reports and testimony that explain these concepts in clear, accessible terms. IMS also provides consulting support to help counsel evaluate claims, assess risk, and develop case strategy before expert reports and testimony.

Antitrust expert witnesses analyze data and competitive dynamics and provide reports and courtroom or arbitration testimony that explain these concepts to judges, juries, and arbitrators in accessible terms. Start your antitrust expert witness search here.

In price-fixing and cartel cases, this typically involves calculating overcharges paid by purchasers. In monopolization and exclusionary conduct cases, it may involve computing lost profits or the value of market opportunities lost by the defendant's conduct.

Market definition is typically established through economic expert analysis applying the hypothetical monopolist test (SSNIP test), which evaluates whether a small but significant nontransitory increase in price would cause buyers to substitute alternative products or suppliers.

Markets have both product and geographic dimensions, and economic experts analyze demand substitutability, supply-side responses, pricing data, industry documents, and customer testimony to define the boundaries of the relevant market.

Jury consulting in antitrust cases helps attorneys understand how jurors without economics training evaluate theories of competition, damages, and expert testimony. IMS jury consultants design mock trials and focus groups testing the persuasiveness of competing economic narratives, identify juror preconceptions, and develop voir dire strategies to help counsel seat favorable jurors and “de-select” those unlikely to hear arguments with an open mind.

IMS provides economic consulting and expert testimony across the full spectrum of antitrust matters. Our experience includes horizontal restraints such as price-fixing, market allocation, customer allocation, bid-rigging, and cartel investigations; monopolization and attempted monopolization claims under Section 2 of the Sherman Act; merger reviews and challenges before the DOJ, FTC, the European Commission, and other competition authorities worldwide; vertical restraints, including exclusive dealing, tying, bundling, and resale price maintenance; labor market matters involving alleged wage-fixing and no-poach agreements; association governance and compensation rule challenges; and false advertising and unfair competition claims with antitrust implications.

We support both plaintiff and defense teams in private litigation, government investigations, regulatory proceedings, and arbitration, providing rigorous economic analysis from pre-litigation strategy through trial and appeal.