Kathleen Nelis is a Principal in the Antitrust and Competition Practice, where she works to prepare economic expert testimony and provides consulting expertise across a variety of industries, including healthcare, communications, digital applications, and payment cards. She specializes in in-depth research of industries and analysis of complex data sets to shed light on antitrust issues that clients face. Working on behalf of both private companies and government agencies, she has experience through all phases of regulatory review and litigation.
BA, Economics and Communications Studies, University of Michigan, Highest honors
- Led the team supporting the testimony of Dr. Nicholas Hill on behalf of the Department of Justice in its successful litigation to block the merger of Penguin Random House and Simon & Schuster.
- Supported Professor Joseph Farrell in In re Determination of Rates and Terms for Making and Distributing Phonorecords on behalf of Spotify USA Inc. The matter involved the setting of royalty payments for interactive streaming services under Section 115 of the Copyright Act.
- Supported Professor Joseph Farrell in a class action lawsuit against Amazon in Canada. The plaintiffs allege that Amazon and third-party sellers agreed on a most favored nation (MFN) provision prohibiting third-party sellers from offering their products on platforms other than Amazon at prices lower than the prices they charge on Amazon.
- On behalf of a group of state attorneys general litigating to block the merger of Sprint and T-Mobile, co-managed a team supporting the testimonies of Professors Carl Shapiro and Fiona Scott Morton.
- On behalf of FIS Systems International in HedgeServ Limited v. SunGard Systems International, supported the expert in submitting rebuttal and reply reports, responding to the damages opinions involving application of a most-favored-nation provision for a financial services software.
- Provided damages support to the expert for the In re Packaged Seafood Products Antitrust Litigation This matter related to allegations of price-fixing in the market for canned tuna.
- On behalf of health insurer Anthem, provided support in a case concerning Anthem’s proposed $54 billion merger with Cigna.
- On behalf of Steward Health Care in Steward Health Care System LLC et al. v. Blue Cross & Blue Shield of Rhode Island, provided support to the expert on analyses of monopoly power, monopsony power, and exclusionary conduct.
- On behalf of Humana in connection with its proposed merger with Aetna, supported the expert in analyzing likely competitive effects in the sale of individual health insurance on public exchanges.
- Supported the expert on behalf of the Federal Trade Commission (FTC) in its proceedings seeking to block Cabell Huntington Hospital’s acquisition of St. Mary’s Medical Center in Huntington, West Virginia.
- On behalf of Cogent Communications, supported expert analysis to the Federal Communications Commission (FCC) regarding the proposed merger of Comcast and Time Warner Cable.
- Supported the expert in submitting three expert reports on behalf of American Express in its litigation with the Department of Justice (DOJ).
- In In re OSF Healthcare System, a corporation, and Rockford Health System, supported testifying expert on behalf of the FTC to analyze the competitive effects of OSF Healthcare System’s proposed acquisition of Rockford Health System in Rockford, Illinois.