Antitrust Risks and Tariff Price Adjustments

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Dr. Hassan Faghani has an extensive background and experience in transforming economic ideas into empirical and data-driven results, specifically in the areas of antitrust and competition. He has advised clients in a variety of industries, including healthcare, consumer products, telecommunications, retail, and insurance. Dr. Faghani has supported expert reports in mergers and acquisitions, price-fixing, commercial damages, and labor disputes. He uses econometrics and data analytics in performing analyses, employing methods such as regression analysis, difference-in-difference analysis, consumer demand estimation, and merger simulation. Dr. Faghani is an adjunct professor in the Department of Economics at Georgetown University, where he teaches empirical industrial organization. He has published articles in Research in Law & Economics and Law360. Dr. Faghani is a member of the American Bar Association (ABA) Antitrust Unilateral Conduct Committee.

A partner in the firm’s Antitrust Group, David Higbee advises clients on merger review, government and internal antitrust investigations, and complex litigation matters. He regularly represents clients before the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice, and his matters have spanned the defense, oil and gas, financial services, and technology and other industries. David, who led the global antitrust practice at his prior firm, has long been recognized for his antitrust prowess by Legal 500 and Chambers. One client quoted by Chambers notes that David “provides superior client service. He focuses on how to drive success and aligns his team to achieve measurable progress quickly. He is dedicated, transparent in his communications, and diligent.” Another tells Legal 500 that David “is exceptionally responsive, creative, and practical. He is able to assemble fit-for-purpose teams and deliver outstanding results.” David “provides very sound practical advice in complicated situations; he is perfectly responsive and he really understands the antitrust world,” a third client notes. “He’s a superb practitioner.” Previously, David served as Deputy Assistant Attorney General and Chief of Staff of the Antitrust Division at the U.S. Department of Justice. In that capacity, he advised the Assistant Attorney General on all matters related to the enforcement of U.S. antitrust laws and oversaw investigations, civil litigation, and criminal prosecutions. Earlier, he served as Deputy Associate Attorney General and as Counsel to the U.S. Attorney General and White House Liaison. He was also designated a Special Assistant U.S. Attorney. Additionally, David led transition planning for the Antitrust Division during the change in administrations between 2016–2017. He also served at the White House under President George W. Bush as Special Assistant to the President and as Associate Director for Presidential Personnel, advising on the appointment of senior officials throughout the executive branch.

As the leader of the firm’s merger control practice, Mark prides himself on being a good listener and skillful at finding creative solutions to resolve antitrust risk in mergers and acquisitions. He is experienced in guiding clients through complex M&A issues, from risk assessment and reportability under the Hart-Scott-Rodino (HSR) Act and international merger control laws to inquiries and investigations by the U.S. Department of Justice and Federal Trade Commission, as well as foreign enforcers. Mark maintains a practical in-house perspective, having served as in-house competition counsel while on secondment with a global power management company where he managed a significant portion of an antitrust merger investigation. He regularly counsels clients through thorny antitrust compliance problems related to competitor collaborations, trade associations, group purchasing organizations, product distribution, and other supply chain issues. Mark’s antitrust practice also involves representing clients in complex litigation, including the recent defense of a “no-poach” class action. Mark has represented businesses for more than a decade, and he leverages the understanding from that experience to help businesses respond to problems efficiently. He routinely works with clients to safeguard their interests while implementing economical strategies. When litigation is necessary, Mark is a skilled advocate and experienced litigator who has represented clients in disputes across the country. He has argued several appeals in federal and state court, and he has first-chair trial experience. Prior to joining Thompson Hine, Mark clerked at the New York Court of Appeals.

Dr. Malam consults on antitrust and competition matters, with a focus on merger investigations and related litigation. An expert on industrial organization and competition policy, Dr. Malam’s nearly 20 years of experience includes numerous merger reviews before U.S. and Australian federal agencies, as well as testimony and economic research addressing matters in U.S. Federal Court antitrust litigation. Craig’s career began in the Office of the Chief Economist at the Australian Competition and Consumer Commission (ACCC), where he served for seven years as Senior Economic Advisor, leading economic analyses of numerous mergers, alleged cartels, monopolization, price fixing, predatory pricing, and abuse of market power investigations. Dr. Malam’s merger experience spans pre-deal antitrust risk assessments for acquirers and sellers, all phases of engagement with investigating agencies, as well as second-request compliance. His work on transactions has spanned consumer packaged goods, oil and gas, retail gasoline, technology, building products, cable television, automotive distribution, financial markets, payment services, brick-and-mortar retail, and transportation, among other industries. Craig has particular expertise analyzing mergers of multi-sided platforms, Software-as-a-Service businesses (SaaS), as well as mergers in the cloud computing and consumer electronics industries. Dr. Malam recently testified in Federal Court on economic issues related to alleged monopolization (monopoly maintenance). He has produced economic research addressing a range of other antitrust conduct matters including cartels, bid-rigging, and predatory pricing. Craig also has substantial experience with antitrust issues related to technology and digital platforms, serving as an expert economist to Google for several years, advising on competition issues in the areas of online advertising technology and big data as a source of market power. Dr. Malam has published on competition-related topics and speaks on a variety of antitrust, competition, and intellectual property issues. His coauthored publication, “If You Build it, They Will Come: Building an Efficiencies Case,” won an Antitrust Writing Award for best business article in the mergers category. Dr. Malam has taught courses on industrial organization at Australian National University and the University of Melbourne. Dr. Malam serves as vice chair of the Mergers and Acquisitions Committee for the American Bar Association’s Section of Antitrust Law. He is also a member of the Competition and Consumer Committee of the Law Council of Australia’s Business Law Section.