FINTECH ANTITRUST EXPERT WITNESS REPORTS, TESTIMONY AND CONSULTING

FINTECH ANTITRUST EXPERT WITNESS REPORTS, TESTIMONY AND CONSULTING

Tuning into fintech antitrust expert witness presentations, we find that the financial technology sector has seen immense growth and innovation in recent years, disrupting traditional banking and financial services. But as myriad members of the field’s leading fintech antitrust expert witness partners remind, this has also invited increased antitrust scrutiny as large incumbents and upstart neobanks jockey for market positions. When these firms become ensnared in litigation, the pros are brought in to explore a number of concerns.

  1. Definitions, categories, classifications, etc. – Advisors look at fintech offerings like mobile payments, lending, wealth management, and more to determine if they are distinct markets or part of broader financial services markets.
  2. Barriers to entry and expansion – Consultants investigate potential barriers like regulatory compliance costs, access to data/customer intel, network effects, and whether incumbents’ advantages unlawfully foreclose competition. Projecting ease of future entry is notable.
  3. Financial data control and leveraging – Many online services rely heavily on accessing consumer financial data. A fintech antitrust expert witness looks at whether some firms are improperly inhibiting data portability and leveraging proprietary data in exclusionary ways.
  4. Interoperability and technical tying – There are concerns that leading fintechs may attempt to make their platforms the gateways by limiting interoperability with rivals. Firms ask contractors to opine on tying/bundling allegations and whether technical design amounts to an illegal tie.
  5. Acquisitions and pipeline theories – Several major financial acquisitions and investment activities have drawn antitrust scrutiny. A top fintech antitrust expert witness consultant evaluatez whether these deals may lessen competition by eliminating future threats before they fully develop.
  6. Banking partnership policies – Upstarts often partner with traditional banks on services. A top fintech antitrust expert witness investigates whether dominant solutions are imposing exclusionary policies unfairly limiting bank/fintech partnering options.
  7. Payment systems and mobile wallet tying-  In mobile payments, consultants assess tying allegations around pre-installed digital wallets on smartphones… and evaluate aftermarket foreclosure effects and whether alternatives are reasonably available.

 

As technology quickly expands and reshapes finance, fintech antitrust expert witness firms offer input and feedback that banks, credit unions, law firms and others count on.