Nikhil Gupta consults on antitrust, competition, and merger review matters. Dr. Gupta applies economic theory and empirical tools to analyze class certification issues, market definition, market power, and competitive effects, with a focus on the healthcare and technology industries. Across a range of matters, he develops and applies economic models; conducts econometric analyses on structured data; and uses text and content analysis techniques to assess nonstructured data. He has extensive experience conducting analyses in matters with voluminous data productions. Dr. Gupta supports attorneys and experts at all phases of the litigation process, including fact and expert discovery, case strategy, deposition, and trial.
Antitrust litigation
Dr. Gupta has extensive experience with antitrust matters, including those with allegations of monopolization, monopoly maintenance, tying, exclusive dealing, bundling, and vertical restraints. His expertise spans industries including finance, healthcare, life sciences, technology, and telecommunications. His representative work includes:
- Analyzing the predominance of individual versus common issues to determine impact in the context of direct and indirect purchaser class certification
- Evaluating bundling, tying, and other restraints in healthcare markets, including matters such as Sidibe et al. v. Sutter Health
- Analyzing alleged collusion by over-the-counter market makers to foreclose competition from nascent financial exchanges
- Addressing monopolization and tying issues involving app stores
Merger review
Dr. Gupta consults on merger investigations. His representative experience includes analysis of:
- Horizontal issues such as market shares, market concentration, and upward pricing pressure
- Vertical issues such as input and customer foreclosure; he has applied the ability-incentive framework in various matters, including Amazon/MGM, which Global Competition Review recognized as its 2023 Matter of the Year
Dr. Gupta submitted comments on the Draft Merger Guidelines released by the Department of Justice (DOJ) and the Federal Trade Commission (FTC) in July 2023.
Pro bono
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.
Cornerstone Research Staff and Affiliated Experts Submit Comments on the Joint FTC-DOJ Draft Merger Guidelines