Anticompetitive conduct and agreements
We provide economic support in investigations into horizontal or vertical coordination, abuse of dominance or complex digital‑market conduct.
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+ We advise clients throughout the investigative process – from initial assessments to formal proceedings.
+ By translating real-world business practices into their economic implications, we assess competitive effects, test allegations of anticompetitive conduct and help develop effective commitments.
+ You get direct access to senior economists with many years of experience across a diverse range of competition matters without layers of delegation.
Competition authorities examine business conduct through increasingly data-intensive investigations and evolving theories of harm.
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+ Our strong economic foundations and extensive experience working with diverse commercial datasets enable us to break down complex theories of harm and respond effectively, including where allegations are novel and investigations are data-intensive.
+ Antitrust investigations can raise a broad range of economic questions, which vary depending on the conduct under scrutiny. Further below, we discuss some of the economic issues and analytical approaches that frequently arise in investigations involving abuse of dominance and agreements.
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ABUSE OF DOMINANCE
We deliver robust economic analysis to evaluate market dominance and assess whether commercial conduct distorts effective competition.
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+ We look beyond static market shares and consider product differentiation, market dynamics, barriers to entry or expansion and countervailing buyer power.
+ We evaluate exploitative and exclusionary conduct - including predatory pricing, margin squeeze, rebates, exclusive dealing, tying and bundling, access restrictions, refusal to supply, self-preferencing - and provide the empirical analyses to address these allegations.
+ We help design and test behavioural or structural commitments that address authority concerns while preserving commercial viability
We address the unique challenges of digital markets.
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+ We help clients navigate the competition economic challenges of digital markets and platform competition, where network effects, data advantages, ecosystem effects, self-preferencing and interoperability concerns can shape competition in ways not captured by traditional market analysis.
+ We advise clients across evolving regulatory frameworks, including the DMA, DMCC, Section 19a GWB and the updated Article 102 guidelines.
AGREEMENTS
We assist with data analytics, risk assessment and economic questions in investigations into price fixing, information exchange, joint purchasing, standardisation or other forms of horizontal cooperation.
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+ We handle data processing for RFIs, clarify the commercial context and quantify potential exposure including relevant turnover, fines and follow‑on damages.
+ Where authorities adopt an effects‑based approach or where efficiencies are relevant, we assess the economic theory of harm and the likelihood of appreciable harm.
+ We advise on emerging issues such as algorithmic pricing tools, data pools, labour market agreements, ESG / sustainability cooperation and the circumstances in which these may raise coordination concerns.
While vertical and conglomerate agreements are often viewed as pro-competitive due to their inherent efficiencies, anti-competitive effects can arise. We help clients navigate the economic complexities of these cases.
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+ We translate business conduct into clear economic frameworks, weighing efficiencies such as cost savings and the elimination of externalities, commitment problems or information asymmetries against potential harms like foreclosure or the softening of competition.
+ We quantify market power, foreclosure, efficiencies and other relevant metrics arising during the investigation.
+ We evaluate agreements between firms at different levels of the supply chain or across complementary markets, including distribution and franchising arrangements as well as emerging conduct in e-commerce or ecosystems. *
COMPREHENSIVE ECONOMIC SUPPORT
Risk assessment
We assess the economic merits of potential investigations, identify possible exposure and anticipate likely lines of inquiry.
Economic evidence
We analyse the authority’s theories of harm, test their empirical foundations and help develop compelling counter‑arguments or supporting evidence.
Information Requests (RFIs)
We help clients respond to data and document requests, ensuring that submissions are accurate, consistent and aligned with the economic narrative.
Remedies and Commitments
We assist in designing, evaluating and substantiating remedies or commitments that address the authority’s concerns while preserving commercial viability.
Court proceedings
In cases that proceed to judicial review, we provide expert reports and testimony before national and European courts.