Cartel & Conduct Investigations and Litigation Services

Conduct investigations and civil antitrust actions have become more burdensome and complex on a global scale. Our clients require a combination of technical, legal, econometric and strategic communications expertise. We leverage these skills to evaluate issues, assess risk exposures and develop solutions that address concerns across companies, enforcement agencies, plaintiffs, customers and investors.

FTI Consulting’s experts support clients across all phases of an investigation and throughout litigation to refine the scope of the matter and minimize the impact of potential exposure. We specialise in supporting our clients with:

• Collection, reconciliation and production of financial transaction data and other relevant information to ensure accurate and complete productions of data sets for analyses
• Assessment of historical pricing trends and patterns and economic analyses to assess the impact of alleged anticompetitive conduct, including sophisticated models to quantify import and export commerce, calculation of possible overcharge scenarios and pass-through theory of harm
• Development of fact-based positions to assist in defense, including proffer statements, plea agreements and mediation and settlement negotiations
• Financial and economic analyses to support class certification positions, including common impact and class-wide harm and quantifying uninjured class members
• Advising on defensible discovery strategies to identify critical evidence supporting legal positions, advocate for refinement in data scope and ensure critical information is defensibly preserved for a variety of data sources/systems to avoid spoliation or downstream data deletion risks
• Complex data analysis to ensure defensible management of claims information, exclusion of ineligible claims and any related complex data manipulation required as part of the claims redress process

Across the globe, FTI Consulting's consultants have provided expert testimony and presentations before state and federal courts. Additionally, our experts have testified and presented in settings involving state agencies, arbitrators and federal enforcement agencies to analyze both claims and defenses in antitrust matters. We have a track record of providing successful advisory services on high-profile cases, landmark antitrust and cartel investigations and precedent-setting transactions. We not only help companies mitigate their overall legal risk, but also overcome reputational risks and defend themselves in the court of public opinion by ensuring their stories are accurately represented before key internal and external stakeholders to ensure business survival and continuity.