SKILLS & EXPERTISE
COMPETITION POLICY
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The role of economics
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Robust, rigorous, unbiased and clear economic analysis is vital in many competition investigations. Economics expertise is needed to define the relevant markets, to assess the nature and strength of competition within these markets, and the impact of particular transactions or practices. Where the necessary data are available, quantitative techniques can be used to reinforce the analysis.
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Capabilities
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Europe Economics has extensive expertise in assisting firms and authorities
in competition cases. Europe Economics’ staff have provided strategic
advice; prepared submissions to the competition authorities, including the results from econometric and other quantitative techniques; acted as
expert witnesses; and contributed to the development and application of competition policy.
Key areas within which Europe Economics’ expertise can be deployed include:
- Market definition. The firm can assist in identifying the relevant market(s), applying the appropriate quantitative and analytical techniques.
- Mergers and acquisitions. Economic analysis is an increasingly important part of merger investigations in all jurisdictions. The need for detailed economic evidence and analysis includes: defining the relevant market(s); assessing the effects of the merger on the structure of the market, on the degree of competition in the market, and therefore on prices; and evaluating any benefits such as efficiency improvements brought about by the merger. The firm can also help to devise and implement potential remedies that may be required to gain approval for the merger.
- Agreements. The firm can advise whether an agreement, horizontal or vertical, has adverse effects on competition likely to be of concern to the authorities and, if so, whether there are any offsetting benefits that would be recognised under the relevant competition law.
- Conduct of dominant firms. Europe Economics can advise on all aspects of any investigation involving the conduct of firms with market power, namely: definition of the relevant market(s); assessment of whether the leading firm or firms have market power or, depending on the competition law, are dominant; and assessment of whether conduct of such firms amounts to an abuse (whether as exclusionary or exploitative conduct), taking account of the dynamics of the market and of any objective justifications of the conduct.
- Damages. Europe Economics can help companies involved in large damages claims, helping to develop economic arguments that show whether or not the alleged damages claim is valid and/or helping to estimate the size of the damages.
- Sector studies. Competition authorities often undertake sector and market studies even where no infringement of competition law is necessarily involved. Europe Economics is well equipped to assist with such studies, whether for the authorities or the businesses affected.
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Experience
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Europe Economics has carried out consultancy projects in a wide range of industries and in jurisdictions inside and out of the EU. The head of the competition practice, Bob Young, was previously a member of the UK Monopolies & Mergers Commission (now the Competition Commission). Jonathan Green, managing consultant, worked for the UK competition authorities in a senior capacity for a number of years.
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Contact
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Bob Young
Jonathan Green
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