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Mining Company Monopolization Analysis


Henry Kahwaty was an expert witness for a mining company in an antitrust counterclaim brought against it. The mining company had filed a suit against another firm alleging breach of contract, and that firm responded with a monopolization counterclaim. Dr. Kahwaty analyzed the definition of the relevant market alleged in the counterclaim and whether the mining firm had monopoly power in a well-defined antitrust market. He concluded that the counterclaim alleged a market that was too narrow and that the mining company did not have monopoly power in any well-defined antitrust market. 

The counterclaim also challenged a previous merger completed by the mining company, alleging that it harmed competition. Dr. Kahwaty completed a merger analysis in addition to his monopolization analysis and concluded that the acquisition had not harmed competition. He also analyzed allegations of conspiratorial behavior and whether the party that brought the antitrust claims had suffered antitrust damages.

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