Ofer Cohen consults on antitrust and competition issues arising in commercial litigation and regulatory investigations. Dr. Cohen applies economic modeling and econometric analyses to class certification, liability, damages, and remedies issues. He leads teams to analyze complex datasets and has substantial experience in cases involving large data productions. Dr. Cohen supports clients and experts through all stages of litigation, including fact and expert discovery, deposition, and trial.
Dr. Cohen has substantial experience addressing allegations of collusion and monopolization, particularly within the technology and telecommunication industries. His additional industry experience includes financial instruments, healthcare, pharmaceuticals, and real estate.
Economic analysis in antitrust litigation
Dr. Cohen’s antitrust and competition experience includes:
- Assessing market definition, market power, and competitive effects in multiple high-profile monopolization cases involving two-sided platforms
- Analyzing class certification issues to assess common impact in consumer-product, financial, and labor markets; for example, in Hunter et al. v. Booz Allen Hamilton Inc. et al., Dr. Cohen analyzed class certification issues related to a nonsolicitation (no poach) agreement.
- Evaluating allegations of algorithmic price fixing and anticompetitive harm from information sharing
- Analyzing competition issues related to patent-licensing and chip-selling practices in FTC v. Qualcomm, Apple v. Qualcomm, and In re Qualcomm Inc. Securities Litigation
- Analyzing consumer behavior and alleged anticompetitive harm from horizontal trademark agreements in FTC v. 1-800 Contacts
Thought leadership
Together with Gregory Rosston of Stanford University, Dr. Cohen has coauthored a white paper on broadband affordability. Their analysis highlights shortcomings in the California Public Utilities Commission (CPUC) Affordability Metrics Framework and proposes market-based solutions and subsidies directed to low-income households as more effective policies to increase broadband adoption.
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