Competition proceedings increasingly involve economic analysis at every stage.
We use theoretical economic analysis and empirical tools to analyse markets, identify the key questions, assist in locating information relevant to these questions, and help formulate the economic answers.
Merger Analysis
- What is the relevant market?
- Is the merger likely to create significant additional market power, either through unilateral or coordinated anticompetitive effects? Are there vertical or conglomerate concerns?
- What empirical evidence is relevant to the assessment of the potential anticompetitive effects?
- Is the merger likely to create significant efficiencies? Will consumers benefit from them?
- What remedies are more suitable to addressing the competition concern?
Anti-Competitive Agreements
- What is the evidence that a vertical agreement has had an effect on the market?
- Does a vertical agreement have significant pro-competitive effects? Is it indispensable for achieving these pro-competitive effects?
- Has a cartel or other horizontal agreement has resulted in significantly higher prices?
- What was the damage inflicted on customers? Were customers able to pass on any overcharge to end consumers? What is the likely size of damages that can be claimed?
Abuse of a Dominant Position
- Does the company have market power? Is it dominant?
- Is a particular practice likely to foreclose competitors or otherwise harm competition? Will consumers likely face higher prices or lower quality supplies?
- Is there an objective commercial justification for the behaviour?
Regulatory Proceedings
- Is intervention justified?
- What is the appropriate form of regulation or remedy?
State Aid
- Has a state aid been granted? Would a market investor provide equivalent forms of financing?
- Is the state aid justified by some form of market failure? Does the aid distort competition in the market?
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