econ-da provides economic advice and data analysis on matters before competition authorities, regulatory bodies and courts in competition related litigation.

 

Our strength lies in combining economic theory with econometric modelling and in thorough data examination to guide our analysis and to provide you with invaluable, empirical "hard" facts.

We advise private clients on matters before competition authorities, regulatory bodies and in competition related litigation. We support you throughout your investigation, liaising with your legal team, and provide expert reports and testimony.

We advise government bodies in their inquiries, supply sophisticated econometric models, and prepare reports on specific competition related questions.

 

Individual

Each client and every project is different. We use our expertise to help you build your case, working closely with other team members such as your specialist departments, external lawyers and IT-specialists.

modular

Whether you are looking for a first assessment or are already fully committed to the case, whether you need help preparing your data following the request from an authority or with a specific piece of analysis – we make sure our contribution fits in with other work on the case and can be built upon at a later stage.

Data driven

Competition related analysis has become increasingly data reliant. We handle big data sets and use sophisticated statistical and econometric techniques to get the most out of your data.

 

We strengthen your case with solid economic and econometric analysis and deliver it in a form that is concise and easy to follow.

If you are seeking merger approval or are an affected third party we can help you throughout the different phases of the inquiry with economic and data analysis. We support your legal team, provide expert reports and testimony and liaise with the authorities’ economists.

We bring a solid economic background and experience with merger investigations. This allows us to provide advice pre-notification as to the likely economic issues you could be faced with and develop formal economic models to strengthen your case during an official investigation. We can also help you with an appeal.

We estimate competition economic models using your or third party data to test a theory or to uncover relevant parameters for the investigation - for example, how closely competitors interact.

We assist you in identifying and preparing your data following a data request, advise on what the authority might use the data for and investigate it for potential issues.

 

Claiming for damages resulting from anticompetitive behaviour has become easier over time, due to among others the EU directive on antitrust damages actions.

“This Directive sets out certain rules necessary to ensure that anyone who has suffered harm caused by an infringement of competition law … can effectively exercise the right to claim full compensation for that harm.” (EUdirective, Art. 1 (1))

Damages can be claimed before national courts following anticompetitive agreements and abuse of dominance.

The entity that has suffered harm has the right to full compensation – ie be placed “in the position in which that person would have been had the infringement of competition law not been committed”. However, it “shall not lead to overcompensation”. (EU directive, Art. 3 (2 and 3))

econ-da estimates damages resulting from anticompetitive behaviour and assists with related economic issues. We compute, for example, the affected volume of commerce, but-for prices, overcharges, damages and passing-on.

We support you in standalone and follow-on litigation as well as in settlement negotiations or arbitration. You can use our analysis and expertise for your internal investigation and in preparing a claim, to support the legal team throughout the process and to provide expert reports and testimony. We also support lawyers and IT service providers in the documentation of the affected volume for the legal proceedings.

 

Sector inquiries are inquiries into the features and competitive interaction within a particular sector, generally without targeting any specific firm. These can raise a variety of competition issues and are typically broader in scope than other competition matters.

If you are affected by a sector inquiry, speak to us about how to strengthen your engagement, for example, by

  • commenting on economic arguments and analysis put forward by the authority
  • devising your own economic arguments, economic modelling and econometric analysis
  • analysing and preparing your data following a data request.
 

If you are under investigation for an infringement of competition law such as an agreement (for example a price-fixing cartel) or for abusing a dominant position or are affected by such conduct by another firm, we can help build your case using well-founded industrial organisation theory and econometric modelling.

You might, for example, be asked to provide evidence for, or would like to question

  • the duration and product or geographic scope of the agreement
  • whether the parties to the agreement operate in the same market
  • whether the undertaking is dominant
  • the effect of the alleged agreement or conduct on trade.

In some situations relatively simple economic reasoning and empirical analysis will be most telling while in others state-of-the-art modelling will be required. We always strive to use the right tool for your case.

econ-da supports you in a large array of other cases where competition economic questions are relevant.

Contact us for example regarding

  • State Aid

  • Investigations in regulated industries

  • Auctions

  • Optimising pricing and other competition parameters using econometric modelling

  • Impact assessment

  • Other types of data analysis