Kivanç A. Kirgiz

Vice President

Contact

  • Washington

Education

Kivanç Kirgiz has more than twenty years of experience applying economic and financial analysis to issues arising in business litigation. Dr. Kirgiz has worked on many large-scale antitrust matters involving merger analysis, allegations of collusion, price fixing, bid rigging, monopolization, and exclusionary conduct. He has worked with counsel to develop case strategy and has managed case teams that have analyzed class certification, liability, and damages issues for testifying experts.

Dr. Kirgiz has experience in a variety of industries, including automotive, chemicals, energy and commodities, healthcare, insurance, pharmaceuticals, retail, and transportation. In addition to antitrust litigation, Dr. Kirgiz has consulted on multiple matters involving false advertising claims under the Lanham Act. In these cases, he has analyzed issues involving causation, demand dynamics, sales databases, and damages.

Dr. Kirgiz’s experience in litigation related to the Employee Retirement Income Security Act (ERISA) includes company stock drop, excessive fee, and institutional investing cases. He conducts analysis; supports the development of expert testimony; and consults with attorneys during all phases of litigation, including deposition and trial. Dr. Kirgiz has also served as an expert witness and presented analysis to the U.S. Department of Labor on ERISA-related issues.

Dr. Kirgiz is a leader in Cornerstone Research’s ERISA analyses, including an extensive database of company stock drop and ERISA fee and investment litigation. The database, which provides historical data regarding settlements and other case outcomes, has been cited in Amici Curiae Briefs to the U.S. Supreme Court. Industry publications such as Pensions & Investments have also relied on the database on multiple occasions.

Dr. Kirgiz has extensive experience in merger-related litigation, providing economic analysis and expert testimony on competitive effects, market definition, and potential anticompetitive outcomes. He has collaborated with merging party and agency legal teams on high-stakes merger investigations and litigation, assessing both horizontal and vertical mergers across various sectors, including consumer goods, healthcare, technology, and telecommunications.

Dr. Kirgiz also consults on high-profile international trade matters. He served as the economic expert for the Government of Canada (Trade Law Bureau) in the U.S. trade remedies actions in the U.S.–Canada Softwood Lumber Dispute. He has also testified before the International Trade Commission and staff on multiple occasions.

Dr. Kirgiz has published articles on vertical restraints, bundling, the effect of supply conditions on gasoline prices, and antitrust issues in distribution.

Dr. Kirgiz serves on Cornerstone Research’s pro bono committee and is a member of Appleseed’s Pro Bono Advisory Council. Prior to joining the firm, he taught courses in microeconomics and the economics of organization and management at Duke University.

Case

Health Insurance Antitrust Matter

Case

Mattson v. Milliman Inc.

Case

In the Matter of Securus Technologies Inc. and Inmate Calling Solutions LLC

Case

Pro Bono: Analysis of Jail Stays for Non-Violent Offenders

Case

Secure Energy Services Inc./Tervita Corporation

Case

Pro Bono: Analysis of Financial Barriers to Obtaining a Government-Issued ID

Article

Counterfactual Models: A Key Tool in Energy Price Disputes

Case

Vellali et al. v. Yale University et al.

  • “Trends in ERISA Stock Drop Litigation,” Inside Counsel, 2012
  • “Recent Antitrust Issues in Distribution of DVDs,” Distribution and Franchising Committee, American Bar Association Section of Antitrust Law, January 2011
  • “Petroleum-Refining Industry Business Interruption Losses due to Hurricane Katrina,” Journal of Business Valuation and Economic Loss Analysis, 2009
  • “Some Issues with Recent Cost-Based Tests in Bundling Cases,” Economic Committee Newsletter, American Bar Association Section of Antitrust Law, Fall 2008
  • “Vertical Mergers: Significant Antitrust Issues, Trends and Developments,” The Knowledge Group, 4 February 2020
  • “Working toward an Economic Expert Report,” Fordham Competition Law Institute 2016, 21 September 2016
  • “Recent Antitrust Developments in Health Care and Pharmaceuticals,” Health Care and Pharmaceuticals Committee, American Bar Association Section of Antitrust Law, 17 May 2016
  • “Recent Antitrust Developments in Health Care and Pharmaceuticals,” Health Care and Pharmaceuticals Committee, American Bar Association Section of Antitrust Law, 17 May 2016
  • “Applying Advanced Empirical Methods,” 42nd Annual Conference on International Antitrust Law and Policy, Fordham University School of Law, 30 September 2015
  • “Employee Benefits Roundtable: Managing Retirement Plan Fiduciary Risk,” Seyfarth Shaw, 8 May 2014