Nikhil Gupta consults on antitrust, competition, and merger review matters. Dr. Gupta has extensive experience analyzing class certification issues, market definition, market power, and competitive effects in a variety of matters. He has addressed these issues in a range of industries including digital content, financial services, healthcare, life sciences, and telecommunications. He works with attorneys and experts at all phases of the litigation process, including assisting attorneys with fact and expert discovery, advising on economic issues in the context of case strategy, and providing support for depositions and trials. Dr. Gupta routinely conducts complex statistical analyses and simulations on voluminous, structured data as well as content analyses on nonstructured data using text analytics.
Antitrust and competition
Dr. Gupta has analyzed direct and indirect purchaser class certification issues, as well as market definition, market power, and competitive effects in a range of antitrust matters. His representative experience includes:
- Analyzing the predominance of individualized versus common issues to determine impact for direct and indirect purchaser class certification
- Assessing allegations related to foreclosure of generic pharmaceutical products
- Evaluating bundling, tying, or other restraints in hospital-insurer contracts
- Analyzing alleged collusion by over-the-counter market makers to foreclose competition from nascent financial exchanges
- Addressing monopolization issues related to pricing for digital content
Dr. Gupta has consulted on merger investigations on behalf of the merging parties. His representative experience includes evaluation of:
- Horizontal issues in proposed transactions by means of analyzing market shares, market concentration, and upward pricing pressure
- Vertical issues in proposed transactions, including potential input foreclosure, using the ability-incentive framework
Dr. Gupta is involved with Cornerstone Research’s pro bono initiatives. He was a joint recipient of the Robert G. Sproul Jr. Award by the Lawyers Committee for Civil Rights of the San Francisco Bay Area for analyzing the effects of school disciplinary policies on students of color.