Broadcast Date: Friday, August 20, 2021
from 12:00 pm to 1:00 pm (ET)


As the volume of merger activities increases, regulators are also intensifying their crackdown on potential antitrust violations. Recognizing the insufficiency of traditional market share measures in revealing the potential competitive impact of a planned merger, governments and parties are now shifting to the assessment of purchasing decision processes instead. Customer surveys, carefully done, can provide a better way to understand consumer behavior and predict market outcomes post-merger.

Consumer surveys are not only used in merger reviews, but also in class action cases such as those related to employment.

In this LIVE Webcast, antitrust experts Craig D. Minerva (Axinn, Veltrop & Harkrider LLP) and Emily Cotton (Analysis Group) will provide a practical guide on how to carefully use consumer surveys in merger investigations and class action cases. Speakers will also address the common pitfalls and issues that may typically arise in using customer surveys.

Key topics include:

  • When to Use a Consumer Survey
  • Notable Cases:
    • M&A
    • Class Action
  • Common Pitfalls and Issues
  • Best Practices
  • Practical Guide


Course Level:



Advance Preparation:

Print and review course materials


Method of Presentation:

On-demand Webcast (CLE)



General knowledge of commercial law


Course Code:



NY Category of CLE Credit:

Areas of Professional Practice


Total Credit:

1.0 CLE

Speaker Panel:

Craig D. Minerva, Counsel
Axinn, Veltrop & Harkrider LLP

Craig Minerva is counsel in Axinn’s Washington, DC office. A former lead attorney with the Antitrust Division of the U.S. Department of Justice, Craig has substantial experience in all aspects of civil antitrust matters and counseling, especially complex transaction reviews, across a range of industries, including pharmaceuticals, media, entertainment, technology, and transportation.

Emily Cotton, Vice President
Analysis Group

Ms. Cotton has extensive experience conducting complex quantitative and qualitative analyses of data in both mergers and litigation matters. She has supported experts from leading universities and managed case teams in a broad range of industries on matters including antitrust, bankruptcy, class certification, intellectual property, securities, survey design, tax, and transfer pricing. Her recent case work has included the assessment of competitive effects in major antitrust matters and mergers; analysis of Federal Trade Commission merger compliance; litigation related to the Lehman bankruptcy; managing the independent evaluation of massive amounts of data in a major antitrust matter; and the determination of arm’s-length pricing in a large US transfer pricing matter. Ms. Cotton also has substantial experience evaluating questions of commonality and typicality in the context of privacy, technology, and overcharge class actions.


Craig D. MinervaCounsel

Axinn, Veltrop & Harkrider LLP

  • Considerations for Use of Surveys in Antitrust Matters


Emily CottonVice President

Analysis Group

  • Antitrust, Market Shares, and Surveys
  • Payment Card Merger: The Problem with Market Shares
  • Payment Card Merger: The Survey Solution
  • Payment Card Merger: Market Shares Do Not Always Properly Reflect Competition
  • Estimated Diversion Ratios Are Much Lower Using Survey Responses
  • Survey-Based Data Can Be Easily Incorporated Into Standard Merger Prediction Tools
  • Predictions Using Survey Data Can Differ Greatly From Those Based Only On Market Shares

Date & Time:

Friday, August 20, 2021

12:00 pm to 1:00 pm (ET)

Who Should Attend:

  • Merger & Acquisition Specialists
  • Antitrust Lawyers and Attorneys
  • Class Action Lawyers
  • Corporate Executives
  • Executive Board Members
  • In-House Counsel
  • Public and Private Companies


Craig D. MinervaCounsel
Axinn, Veltrop & Harkrider LLP
Emily CottonVice President
Analysis Group



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