WIXLIB

ANTITRUSTFORENSIC ANDECONOMIC SERVICESEXPERTS WITH IMPACT

About FTI Consulting AntitrustForensic and Economic ServicesCompanies involved in cartel enforcementand related civil action matters facenumerous challenges when developingappropriate defense strategies, preparingresponses to governmental authorities, ensuringcontinuity with their customers, and respondingto the demands of litigation. In recent years,both domestic and global enforcement agencieshave sought increased and substantial fines,and litigation settlements have followed thesame path. The trend of increased cooperationamongst global enforcement agencies continuesand has resulted in additional scrutiny or actionin all jurisdictions across the globe.For companies and counsel faced withaddressing such allegations, the challenges canbe daunting. They must identify, gather, analyze,and understand vast amounts of financial dataand information, pivotal to responding to anddefending against antitrust allegations. Theymust also continually reassess their investigativeand defense strategy as the information isgathered and analyzed, in order to respondto potential assertions of price fixing, marketallocation, or bid rigging. All of this, while thecompany continues to manage the typicalrigors of their business.FTI CONSULTING Antitrust Forensic and Economic ServicesFTI Consulting’s dedicated antitrust practice canhelp address these concerns and work alongsidecounsel and the company. We provide reactiveservices solutions and compliance consultingacross multiple industries and continents.Our leading professionals deliver end-to-endantitrust cartel consulting and expert services tomultinational and domestic companies involvedin cartel enforcement and civil action matters.Services Offerings Enforcement Agency Advisory Customer Negotiations Financial andEconomic Analysis Support Class Action Litigation Advisory and Support Compliance Program Development,Assessment and Monitoring2

ENFORCEMENT AGENCYADVISORYThe task of defending against increasinglyaggressive government regulators has becomemore burdensome and complex, requiring acombination of technical and legal knowledgeand the experience to know how best tominimize risk.Having worked for counsel and assistedclients prepare for and defend against cartelenforcement actions in the U.S., Europe, Japan,Brazil, South Korea, and Chile, FTI Consulting’steam knows how to gather and analyze theinformation needed, and has the expertise tohelp refine the focus of the investigation.KEY SERVICES Collection, reconciliation, and production oftransaction and manufacturing data Analysis to assess historical pricing trendsand identify patterns Transaction data analysis to supportcompany’s internal investigations Development of strategies to determine andreduce volume of commerce Development of fact-based positions toassist in company’s defense Support of proffer statements and pleaagreements Preparation of sophisticated models toestimate import and export commerce Economic analysis to assess potential priceimpact of alleged anticompetitive behaviorFTI CONSULTING Antitrust Forensic and Economic ServicesCASE STUDYElectronics ManufacturerA global electronics component manufacturerwas facing multiple antitrust enforcementinvestigations by global regulators. Aneffective response would require rapid reviewand analysis of 15 years of data residingin various current and legacy accountingsystems across several subsidiaries.FTI Consulting was able to quickly identify,collect, reconcile and analyze the company’stransaction and manufacturing data. At thesame time, we conducted on-site interviewsto gain an understanding of the company’ssales, pricing, and manufacturing processesand systems.As a result, company’s counsel quicklyproduced accurate and complete financialand manufacturing data to regulators,including the U.S. Department of Justice.Counsel utilized our analysis to shape theinvestigation and the proffers providedto the DOJ. Our work was instrumental inproviding information for the proffer on thecompany’s pricing and transfer price trends,both of which led to the reduction of the timeperiods on which the DOJ focused. With theassistance of our direct, import and exportanalyses, counsel was able to successfullyargue for the removal of several categories ofsales resulting in a substantial reduction to thevolume of commerce.3

CUSTOMER NEGOTIATIONSFINANCIAL AND ECONOMICANALYSIS SUPPORTIn response to enforcement actions, FTIConsulting regularly helps clients evaluatetheir exposure on collusive allegations andattain resolution with customers. We provideconsultative economic analysis on potentialexposure, evaluation of alternative analyses,and participation in settlement meetings withthe customer.KEY SERVICES Development of volume of commercescenarios to aid in negotiation discussions Economic analysis, assessment andcalculation of possible overcharge scenarios Preparation of reports and presentations toaid in customer negotiations Review and rebuttal of alternative analyses Expert economic support in settlementdiscussionsFTI CONSULTING Antitrust Forensic and Economic ServicesCASE STUDYAuto Parts ManufacturerWhen a global auto parts manufactureraccused of anticompetitive collusionsought to reach a reasonable settlement withits customers, they called on FTI Consultingto provide the expertise and economicanalysis needed to assist the company andcounsel negotiate.FTI Consulting collected, analyzed andreconciled over 15 years of financial accountingdata, sales contracts and related negotiationdocuments. We interviewed key businessleaders to identify benchmark comparators toquantify any overcharges related to the allegedcollusion.Our team quantified the possible relevantvolume of commerce and developedalternative scenarios in anticipation ofcustomer claims. We developed severalovercharge scenarios tied to the company’scontract negotiation and pricing processesand presented these options to the companyand counsel for consideration. FTI Consultingprepared rebuttal economic analyses tocustomers’ claims on volume of commerceand overcharge positions which substantiallylowered the potential exposure to the company.We also provided expert economic support toassist in the final settlement negotiations.4

DIRECT AND INDIRECTPURCHASER CLASSACTION LITIGATIONCASE STUDYAuto Parts ManufacturerFTI Consulting professionals combine antitrustcartel expertise with class action litigationexperience to assist clients with the intensedemands of U.S. civil proceedings. We aid ourclients in responding to financial accountingdata discovery requests and interrogatorieswhile also preparing analyses that support thecompany’s positions to limit the scope andminimize the impact of potential exposure.KEY SERVICES Responses to requests for production offinancial and manufacturing data Structured data analysis to aid in thepreparation of interrogatory responses Financial and economic analysis to supportFTAIA and class certification positions Complex import and export commercecalculations Economic analysis to assess impact onprice of alleged anticompetitive behaviorFTI CONSULTING Antitrust Forensic and Economic ServicesAn auto parts manufacturer faced civillitigation in the U.S. stemming from allegedbid-rigging. Because they did not sell directlyto customers in the U.S., FTI Consultingprepared a complex analysis which quantifiedthe U.S. impact of the company’s productsales through imported vehicles over a tenyear period.Through collection and analysis of thecompany’s financial data, FTI Consultingdeveloped a model to estimate the impact ofthe company’s sales that went into vehiclessold in the U.S. Utilizing the company’sfinancial data, contractual information,external data and third party databases,we performed a precise calculation of therelevant impact on U.S. commerce. Theresults of our calculation served as the basisfor negotiation discussions and a favorablesettlement for the company.5

COMPLIANCE PROGRAMDEVELOPMENT, ASSESSMENTAND MONITORINGCASE STUDYGeneric Drug ManufacturerFTI Consulting’s technical capabilitiescomplement our investigative and complianceexpertise to help companies develop andmonitor effective antitrust compliance, detection,and risk management programs which considerqualitative and quantitative measures.As enforcement agencies continue toemphasize the development and monitoringof antitrust compliance programs, companiesturn to FTI Consulting for objective analysisof market risks and sales transaction dataanalysis to screen for collusive markers.KEY SERVICES Conduct market risk assessment to narrowproducts, regions, and segments for review Develop objective analyses of financialsales data to screen for possible collusivemarkers Perform a risk assessment ofprogram to identify issues and providerecommendations Assist company’s internal audit andcompliance teams perform on-site reviewsFTI CONSULTING Antitrust Forensic and Economic ServicesFTI Consulting was engaged by the companyand its counsel to assess its current U.S.antitrust compliance program and to providerecommendations for additional policies,procedures and monitoring efforts.Our team met with employees to understandthe current compliance policies, procedures,and monitoring program. FTI Consulting alsogained an understanding of how the companysells and prices its products to providequantitative monitoring recommendations toits compliance program.FTI Consulting prepared an assessmentwhich outlined recommendations tothe company’s current program andadditional policies and monitoring processenhancements. We presented our findings tocounsel and Board members who took actionto implement many of our recommendationswithin weeks of our presentation.6

FTI has officesin 81 cities and29 countriesWHY FTI CONSULTING FORANTITRUST FORENSIC ANDECONOMIC SERVICES?APPROACHAs a cohesive team, FTI Consulting worksclosely with internal counsel, externalcounsel and key client representativesto provide thoughtful analysis related toallegations of collusive behavior. We developcompany strategy and responses to bothregulators and adversaries. FTI Consultingbridges the gap between the business andlegal aspects of an investigation to effectivelyrespond to inquiries with minimal intrusion onthe company’s day-to-day operations.FTI CONSULTING Antitrust Forensic and Economic ServicesANTITRUST FORENSIC AND ECONOMICSERVICES PROFESSIONALSFTI Consulting’s antitrust team includesaccountants, economists, and data analyticsprofessionals who bring the ideal combinationof experience, technical skills, and agility tomeet any challenge. We offer the capabilitiesand expertise needed to navigate antitrustissues, along with the experience and clientfocus to ensure we provide maximum value.EXPERTISE AND VALUE: DELIVEREDFTI Consulting’s services and global footprintare well-suited to the needs of multinationalcorporations facing domestic or internationalcartel enforcement and litigation. Our ability toidentify the relevant financial and operationaldata within the organization and to apply theappropriate technical tools and analyticalprocesses provides our clients with the mostrobust capabilities in the industry. The depthand breadth of our team allows us to assist ourclients at each step of enforcement inquiriesand civil proceedings.7