As Competition and regulatory authorities actively promote competition in regulated industries, the boundaries between regulation and competition policy have become blurred.

Competition is being introduced in regulated industries throughout Europe, with direct reference to the principles of European competition law. Competition authorities are playing an increasingly active role in regulated industries - as shown for example by the European Commission's recent Energy Sector Inquiry, followed by various competition proceedings. Mergers in the telecoms and energy sectors have also attracted close regulatory scrutiny, with complex remedy packages being designed to accelerate liberalisation.

We combine our recognised strength in competition analysis with a detailed knowledge of regulated industries - from telecoms to broadcasting, energy, pharmaceuticals, transport, postal and airport services - and we have advised on many issues in these sectors.

Telecoms. CRA International has a long track record of successfully advising telecommunications firms on a wide range of competition and regulatory issues. Our experts in Europe, US and Asia Pacific bring together a thorough understanding of economic and regulatory theory with a detailed practical knowledge of telecommunications industries including fixed, mobile and cable networks. Our clients around the world have found this combination to be highly effective in advancing their business interests in both competition and regulatory proceedings. In recent years, we have provided economic advice to leading telecommunications companies, regulators and industry associations throughout the world, including Telefónica, KPN, eircom, Deutsche Telecom, Telecom Italia, Sprint PCS, BellSouth International, Telstra, Optus, Telecom New Zealand, Telkom SA, Cesky Telecom, T-Mobile, Vodafone, Orange, Omnitel, Mobistar, Ofcom, the OFT, the GSM Association and the European Cable Communications Association. The European Competition practice in particular has advised on a broad range of issues including:

• Mergers, acquisitions and joint ventures: Analyses of the competitive effects of mergers, acquisitions and joint ventures in telecommunications, including in relation to high profile transactions such as Sonaecom/Portugal Telecom, T-Mobile/tele.ring, Telefónica/O2, and (together with our colleagues in the Asia-Pacific practice) Babcock and Brown Capital's acquisition of eircom.
• Anti-competitive behaviour: The appraisal of allegations of anti-competitive conduct (including allegations of anti-competitive bundling, price discrimination and discounting, predation and margin squeezes, and exclusive dealing).
• Market inquiries: Analyses of market definition and competitive conditions in the context of market assessments by national regulators under the EU regulatory framework for electronic communications.
• Regulatory design: The design of regulation including in relation to local loop unbundling (LLU), wholesale broadband access (WBA), interconnection, mobile pricing, MVNO access, national and international roaming, network sharing and international benchmarking.
• Spectrum auctions and pricing: Advice to spectrum managers on the design and implementation of auctions and advice to bidders on bidding strategies, licence valuations and their competitors.
ECP Telecoms Brochure February 2008

Broadcasting. We bring together an understanding of relevant economic and regulatory theory with detailed practical knowledge of terrestrial, cable and satellite networks. We have advised leading broadcasters in Europe and beyond, including work for BSkyB and Sky Italia on vertical foreclosure, regulated access to satellite platforms and commercial terms for wholesale channel supply to third parties.

Energy. We have a detailed understanding of how market design, sector regulations and technological characteristics can affect competition in this sector. We have advised extensively on competition issues in the energy industry, and we can draw upon the expertise of our global Energy practice in assisting clients in this sector. We have worked on most of the major transactions involving the electricity and gas markets in recent years, including Essent/Nuon, GDF/Suez, Gas Natural/Endesa, E.ON/MOL, EDP/ENI/GDP and Centrica/Dynegy. We have also provided advice to energy companies on investigations of anti-competitive behaviour, dominance assessments, and the design of virtual capacity auctions and capacity payment mechanisms. Our recent competition work for European energy clients includes assignments in the UK, Italy, Spain, Portugal, Germany, Belgium and the Netherlands.

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