Kayuna Fukushima, PhD

Kayuna Fukushima is a Principal in Bates White’s Antitrust and Competition Practice. She has significant experience assessing competition, market definition, and market power in a wide range of industries, including technology, online retail, digital platform, energy, oil and gas, media, and healthcare. Dr. Fukushima has performed a broad range of data-intensive econometric and statistical analyses in support of expert economic testimony, including estimating the impact of mergers (horizontal and vertical) and examining the effects of firm anticompetitive conduct (e.g., exclusionary conduct in In re Google Play Store Antitrust Litigation, most favored nation provisions in Difederico v. Amazon, and self-preferencing by a platform owner), using difference-in-difference estimation, structural demand estimation, damage estimation, and other economic/statistical techniques.

As part of work involving Big Tech antitrust litigation, Dr. Fukushima has conducted analysis using a variety of large, terabyte-sized data sets and collaborated with data engineers on many cases. As a co-chair of the firm’s Data Science Committee, she supports the firm’s initiative to incorporate data science tools across practices.

Her academic work has been published in Applied Economics and European Economic Review.

PhD, Economics, University of Wisconsin-Madison

MA, Economics, University of Tokyo, Japan

BS, Economics, University of Keio, Japan

SPOTLIGHT

Supported expert Doug Bernheim in Epic Games v. Google, Epic’s antitrust litigation related to Google’s app store practices. A jury returned a verdict in favor of Epic on all counts and all claims. Read more.

• On behalf of the Federal Trade Commission (FTC), supported the expert in analyzing the proposed $70 billion merger between Microsoft and video game publisher Activision Blizzard.
• Supported the expert in Epic Games v. Google, Epic’s antitrust litigation related to Google’s app store practices. A jury returned a verdict in favor of Epic on all counts and all claims.
• Supported the expert to submit initial and rebuttal reports in a Canadian class action litigation on behalf of plaintiffs who allege that online retail prices in Canada were inflated as a result of a most favored nation provision between Amazon and third-party sellers.
• Supported testifying expert in a large monopolization case in the tech industry regarding issues of market definition, market power, and competitive effects.

• Supported the expert providing analysis of the likely competitive effects of EnCap/XCL's acquisition of EP Energy and helped with the Second Request.

• On behalf of Thermo Fisher Scientific, supported the expert in analyzing the likely competitive effects of the Thermo Fisher Scientific Inc.–Qiagen N.V. merger.
• On behalf of Sinclair Broadcast Group, Inc., supported the expert in analyzing the likely competitive effects of Sinclair’s acquisition of regional sports networks originally owned by 21st Century Fox.
• On behalf of the Department of Justice (DOJ), assisted experts in the DOJ’s investigation of Sinclair Broadcast Group’s proposed $3.9 billion deal to acquire Tribune Media.
• Supporting the consulting expert to the Massachusetts Health Policy Commission (HPC), an agency created in 2012 to increase value and access in the delivery of healthcare. 

• On behalf of UnitedHealth’s health services subsidiary Optum in its acquisition of DaVita Medical Group, assisted the expert with presentations and submissions to the FTC and several state Attorney General offices addressing potential horizontal and vertical concerns arising from the proposed transaction.