Canadian Competition

Our expertise in economic theory and empirical analysis enables us to help clients efficiently and effectively navigate the merger review process. We provide practical support and rigorous analysis to navigate the merger review process from initial discussions to final clearance or the assessment of remedies. In the event of litigation, our experts provide testimony before the courts, as we have done in many landmark cases in Canada. CRA employs advanced econometric tools—many developed by our own professionals—to speak the language competition agencies understand. Our experts define relevant product and geographic markets, measure market concentration, evaluate conditions of entry and efficiencies, and assess the competitive impact of proposed transactions.

In matters involving alleged abuse of dominance or competitor collaborations, economic analysis plays a key role in formulating and assessing potential “theories of harm” and conducting rigorous analysis to test whether these theories apply in practice. We use economic models and empirical analysis to assess competitive effects and account for pro-competitive efficiencies and business justifications. We work with our clients and their legal teams to navigate competition investigations and advise them in advance on whether their own conduct, or that of their competitors, could be considered contrary to the Canadian Competition Act. When matters proceed to litigation, we present our findings in written expert reports, rebut opposing experts, and provide oral testimony before the courts.

Our economists leverage strong analytical skills and deep experience to provide expert damages and financial remedies analysis. In Canada, new financial remedies available under the civil provisions of the Competition Act will require analysis of the “benefit derived” from anti-competitive conduct, akin to an analysis of disgorgement of profits, as well as the distribution of such benefit to affected persons. CRA’s global experience will allow our experts to help clients navigate these novel issues in Canada with economic rigor and creativity.

CRA experts have brought clarity to monopsony issues across a variety of industries and provided economic advice and testimony for many alleged monopsony matters. Our economic experts define product and geographic markets for the inputs or services at issue and the output markets in which the inputs are used. They also consider the role of differentiated products in those markets and the likelihood of entry by competing purchasers for those inputs or services.

CRA uses rigorous, objective economic analysis to assess the plausibility of collusion claims and distinguish between competitive and anti-competitive pricing and payment. Our economic experts assess price-fixing claims and alleged facilitating devices used by firms to reinforce coordinated conduct. We also evaluate the scope of alleged conspiracies, identifying affected product lines, damaged customers, and relevant time periods. Additionally, we estimate damages, critique opposing estimates, and provide pretrial evaluations of damage claims and methodologies in antitrust and intellectual property cases, contract disputes, and other litigation.

CRA provides economic advice and testimony in antitrust class action cases. Our experience includes analysis of class certification issues, liability, aggregate and individual class damages, injunctive relief, and settlement distribution issues. In addition, we use our expertise in economic theory, econometrics, game theory modeling, and damages to analyze other economic issues, such as market definition, market power, and anticompetitive effects at a class-wide level.

CRA professionals provide expert reports, white papers, and testimony to regulatory agencies across various industries. We conduct rigorous analysis regarding the effects of regulatory changes on consumers, social welfare, industry, and competition. We also advise on the design of efficient regulatory policy. CRA experts have worked on regulatory matters across many industries, including telecommunications, energy, digital markets, and transportation, among others.

CRA experts advise clients on economic issues that arise in deceptive marketing investigations, including drip pricing and other forms of misleading pricing claims. We conduct analysis of pricing, consumer harm, the design and interpretation of survey evidence, and calculation of damages.

CRA’s market and survey research experts have significant expertise using surveys to answer questions in and outside of litigation for clients, regulators, and triers of facts on  critical consumer and market research matters. We provide support through the entire process, from survey design (including sampling methodology, survey method, and survey validation), to testing, implementation, and analysis and presentation of the results to clients, regulators, and other stakeholders. We also provide commentary and written submissions to regulators on the methodology of third-party surveys.