Competition Policy & Litigation Support Regulation

Two of our founding practices, competition policy and litigation support continue to be fundamental areas of our expertise.

In the realm of competition, we specialise in providing research input and expert analysis to assist our clients in legal cases, particularly those brought before competition authorities or courts. We are well-versed in preparing expert witness reports and delivering oral testimony to effectively present complex economic and financial insights.

Additionally, we collaborate closely with competition authorities, law firms, and companies under investigation to provide strategic advice and guidance throughout the legal process. In the field of litigation support, we provide research input and expert witness reports to bolster legal cases before a competition authority or a court.

We provide expert guidance to businesses navigating the complex landscape of fair competition and legal challenges

Our work has involved advising clients (whether Appellants/Claimants/Plaintiffs, Respondents/Defendants, or Interveners) on key economic, financial, regulatory or competition issues in legal cases. 

Our expertise in these areas includes advising on:

Market definition

Defining the product and geographical boundaries of the market within which competition takes place, in order to provide the basis for analysis of competition and assessment of whether firms have a dominant position.

Dominance

Analysing whether undertakings enjoy a position of economic strength which enables them to prevent effective competition on a relevant market.

Abuse of dominance

Assessing situations where there is an alleged abuse of a dominant position, such as excessive pricing, predation, margin squeeze, discriminatory pricing, refusal to supply or anti-competitive vertical restraints.

Damages

Using economic models to show whether or not alleged damages claims are valid and to quantify the size of damages. This involves comparing with the situation that would have arisen in the absence of the agreement or action in question (the counterfactual).

Agreements

Assessing whether an agreement may produce adverse effects on competition and, if so, whether there are any offsetting benefits that would be recognised under competition law.

Critique of regulatory judgements

One form of legal case involves a challenge to regulatory decisions. We offer expert witness assistant assessing whether regulatory decisions…

One form of legal case involves a challenge to regulatory decisions. We offer expert witness assistant assessing whether regulatory decisions are in line with established policy objectives or regulatory precedent and what the competition or other implications are of those decisions or alternatives.

Read more...

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Critique of regulatory judgements

One form of legal case involves a challenge to regulatory decisions. We offer expert witness assistant assessing whether regulatory decisions…

Read more...

Assessment of profitability or cost of capital

In regulated price controls, a key input is the determined cost of capital. This has often been a subject of appeals against regulatory judgements…

In regulated price controls, a key input is the determined cost of capital. This has often been a subject of appeals against regulatory judgements. Cost of capital analysis also feeds into assessments of profitability in assessing whether firms have been charging prices above the competitive level, and into the valuation of research pipelines in mergers.

Read more...

Read less

Assessment of profitability or cost of capital

In regulated price controls, a key input is the determined cost of capital. This has often been a subject of appeals against regulatory judgements…

Read more...

Critique of econometric, quantitative methods or data used to support regulatory decisions

One form of a legal case is judicial revision of policy decisions. Such policy decisions are often supported by..

One form of a legal case is judicial revision of policy decisions. Such policy decisions are often supported by quantitative models. Those models can be critiqued in various ways – criticised or defended on the basis of their methodology or the data used.

Read more...

Read less

Critique of econometric, quantitative methods or data used to support regulatory decisions

One form of a legal case is judicial revision of policy decisions. Such policy decisions are often supported by..

Read more...

State aid

Analysing state aid measures (such as subsidies) to ensure that such measures do not distort competition.

Mergers and acquisitions (M&A)

defining relevant markets and assessing the effects of M&A on competition in the market; and evaluating any potential benefits or losses to consumers.

We provide expert guidance to businesses navigating the complex landscape of fair competition and legal challenges

Our work has involved advising clients (whether Appellants/Claimants/Plaintiffs, Respondents/Defendants, or Interveners) on key economic, financial, regulatory or competition issues in legal cases. 

Our expertise in these areas includes advising on:

Key Contacts

Please feel free to reach out to our experts if you have any questions.

Executive Director and Principal

Director and Managing Consultant

Managing Consultant

Competition Policy & Litigation Support Publications

DMCC: Economic Impact
Europe Economics was commissioned by Computer & Communications Industry Association (CCIA) to review and critique the UK government’s impact analysis...
Market Comparisons for the future Non-Household Water Retail Market
This study, commissioned by the market operator for the non-household (NHH) water retail market in England (MOSL), seeks to identify...
Impacts of Covid-19 on the Funeral Director Market – Implications for the CMA Investigation
Europe Economics was commissioned by the National Association of Funeral Directors (NAFD) to prepare a report on the economics of...
Automatic Upgrades
Europe Economics was appointed by the Financial Services Consumer Panel (the Panel) to investigate the potential value of a policy...
EU loan syndication on competiton and its impact in credit markets
This is Europe Economics’ final report on “EU loan syndication and its impact on competition in credit markets”. This research...
Big data - what does it really mean for competition policy
A look into the emergence of Big Data, its fundamental importance to businesses and the wider economy, and the critical...
Cyber Risk Pool
Faced with a profound growth in the market for cyber risk insurance over the recent years, concerns have arisen regarding...
Differentiation and price convergence in the airline industry
This briefing note discusses price comparison websites. Their development was seen as an opportunity to reduce price disparity and advance...
Dynamic competition in online platforms
The Department for Business, Energy & Industrial Strategy (BEIS) has published a new Europe Economics report on dynamic competition in...
Price comparison websites - consumer saviour or cause for concern
This briefing note gives an insight into the key issues surrounding price comparison websites in the context of the Competition...
The Tesco booker merger - should we be concerned
This briefing note, takes a preliminary look at the potential theories of harm created by the Tesco/Booker merger following the...
Competition Considerations inspired by the unsuccessful O2 Merger
This month the European Commission has decided to block the proposed merger of two UK mobile operators. CK Hutchison's Three...
Different forms of cooperation between insurance companies and their respective impact on competition
Europe Economics was contracted by DG COMP of the European Commission to report on “Different forms of cooperation between insurance...
Pfizer fine for excessive pricing
On 7th December, the Competition and Markets Authority (CMA) fined pharmaceutical company Pfizer £84.2 million for excessive pricing. Sida Yin,...
Switiching of tangible and intangible assets between different insurance products
Europe Economics was commissioned by DG COMP of the European Commission to report on “Switching of tangible and intangible assets...
Valuing the Impact of Mergers and Identifying Undertakings
The Water Industry Act 2014 amended the process for the special water merger regime. In particular, under s.33B of the...
How to Increase Competition, Diversity and Resilience in the House Builder Market
Europe Economics have prepared a report for Shelter to provide analysis in support of policy recommendations which seek to address...
Supermarkets, suppliers, and consumers
Europe Economics and Consumers International have recently collaborated on a paper dealing with supermarkets and their relationships with suppliers and...
Evaluation of the Impact of the OFT_s Investigation into Bid Rigging in the Construction Industry
The report discusses the impact of a 2009 decision by the UK Office of Fair Trading (OFT) to fine 103...
The surcharges super complaint
  Article by Stefano Ficco and Saattvic for Competition Law Insighton whether the super-complaint regarding excessive online transaction surcharges by...

Connect with us

Feel free to reach out to us to discuss your needs or ask any questions you may have. We welcome you to contact us for further information or to explore how we can assist you.

Critique of regulatory judgements

One form of legal case involves a challenge to regulatory decisions. We offer expert witness assistant assessing whether regulatory decisions are in line with established policy objectives or regulatory precedent and what the competition or other implications are of those decisions or alternatives.

Assessment of profitability or cost of capital

In regulated price controls, a key input is the determined cost of capital. This has often been a subject of appeals against regulatory judgements. Cost of capital analysis also feeds into assessments of profitability in assessing whether firms have been charging prices above the competitive level, and into the valuation of research pipelines in mergers.

Critique of econometric, quantitative methods or data used to support regulatory decisions

One form of a legal case is judicial revision of policy decisions. Such policy decisions are often supported by quantitative models. Those models can be critiqued in various ways – criticised or defended on the basis of their methodology or the data used.