Experience


 

Competition Policy

 

Merger investigations

 

  • Unity/KabelBW – Market definition, analysis of nature of competition in the German cable media market as well as competitive effects analysis on the basis of modelling of network roll-out and business development in the cable industry      
  • MAN/Scania – Investigation before the European Commission – market definition in bidding markets and competitive effects in different automotive markets
  • Banking sector – Examination of the competitive effects of a sale of federal banks (“Landesbanken”) in Germany to a group of bidders, in particular on the resulting market structure
  • Essent/NUON – Market definition in electricity wholesale and retail markets in the Netherlands, modelling the wholesale market and using specifically developed measures to test for market power in the electricity wholesale market
  • E.ON/Stadtwerke Eschwege – Assessment of potential for collective dominance of E.ON and RWE
  • EVN/Verbund AG – Market definition of electricity wholesale and retail markets in Austria as well as competitive effects
  • Take-over bid of Danish Post by European postal operator – Market definition and analysis of Danish postal operators, state of competition and barriers to entry for smaller postal operators
  • Tencel/Lenzing – Merger assessment for fibre products, analysing the relevant product and geographic market, competitive effects and efficiencies (with Prof. C.C. von Weizsäcker)
  • AGRO/Legett& Platt – Merger assessment for spring coils in Germany, involving market definition and competitive assessment, specifically assessing the potential for entry into the German market (with Prof. C.C. von Weizsäcker)
  • KUAG/Invista – Merger in the pet chip market producing differentiated polyester products, involving market definition and competitive effects analysis
  • Milk products (German dairy products manufacturer) – Market definition for specific cheese products and competitive effects of a merger and in particular analysis of statistical analysis of the German Bundeskartellamt
  • Gucci/LVMH – This attempted merger focused on the market for high-end handbags and involved market definition as well as a competitive effects analysis under consideration of increased buyer power of Gucci and LVMH vis-à-vis the leather goods manufacturers
  • BUPA/Community Hospitals Group – Merger in the UK health sector involving medical insurance and medical services in hospitals. Competitive effects analysis in particular of a strengthened hospital portfolio of the merging parties
  • AOL/Time Warner – Assessment of vertical issues relating to the provision of media content

 

Abuse cases

 

  • Large German energy player – Abuse of a dominant position in relation to pricing of CO2-certificates in electricity generation market, involving analysis of relevant product and geographic market and comparator markets suggested by the Bundeskartellamt
  • Large German energy player – Abuse of a dominant position in relation to electricity pricing to industrial and domestic customers in the German electricity market
  • Large Italian electricity generator – Abuse of a dominant position case involving an electricity sector assessment as well as an assessment of potential remedies, including virtual power plant auctions  
  • Large Danish electricity generator – Abuse of a dominant position case involving an assessment of the Danish electricity generation market and certain pricing practices as well as financial benchmarking of electricity generation companies worldwide
  • Vodafone – Excessive pricing case in relation to wholesale roaming fees with Prof. C.C. von Weizsäcker, involving market definition, assessment of market power as well as an analysis of the cost structure of mobile phone businesses
  • T-Mobile Austria – Allegations of excessive interconnection charges in mobile telecommunication markets, involving regulatory proposal for termination charges

 

Cartels/litigation

 

  • European broadcasters – Abuse of (joint) dominance case based on retroactive rebates in the market for broadcasting advertising capacity in Europe including analysis of potential effects of the concerted practice as well as a proposal for the estimation of damages
  • Vitamin cartel – Investigations relating to the cartel’s effectiveness as well as an assessment of claim for damages for party to the cartel
  • Cement cartel – Support of large European cement manufacturer, including an assessment of the precise workings of the cartel, the effectiveness of the cartel and potential for damage claims
  • Bathroom appliance cartel – Analysis for a cartel member, including large scale data analysis to test for the effectiveness of the cartel
  • Automotive glass cartel – Damage estimation as part of a private action for a large European insurer, involving the estimation of a cost curve for the production of automotive glass
  • BBC – Litigation regarding the provision of musical content and the question what a public service provider should pay for music relative to BSkyB

 

Horizontal/vertical agreements/assessment of dominance

 

  • Food retailing – Joint dominance case regarding buyer power and vertical practices in European food retailing market
  • Large Dutch player in the gas industry – Assessment of dominance as well as analysis of precedence in setting price benchmarks in competition policy cases
  • Refinery products – Competitive assessment to assess potential dominance with Prof. Richard Wish for a North-European refinery, including market definition exercise with transport cost study
  • Building materials – Definition of the relevant geographic market in the market for building materials in Germany to assess dominant position
  • Large player in the automotive industry – Self-assessment of vertical agreements between the manufacturer of motor vehicles and its after-sales sector on the basis of Article 101 TFEU as part of the motor vehicle block exemption regulation review as well as market definition of spare parts of the manufacturer
  • Shipping – Economic analysis as part of a self-assessment of a tanker pool on the basis of Article 101 TFEU for a large global tanker pool, including market definition and assessment of novelty character of certain products   
  • European energy network business – Analysis of competitive effects of spin-off of transmission business on the market for electricity generation following an allegation of a dominant position 

 

Regulatory work/Public Policy/Impact assessment

 

  • OECD, Paris – Editor of the OECD Roundtable Discussion Summary on the regulation of the banking sector from a competition policy perspective 
  • Preparation of a manual on setting water tariffs and appropriate regulatory framework for the Japan Bank for International Cooperation – This assignment included an international comparison of water tariffs, regulatory frameworks as well as an assessment of the effectiveness of the different regimes
  • Development of a framework to introduce competition in the water sector for an industry body in the UK – This involved an assessment of the potential effectiveness of different possible ways to introduce competition into the water industry in the UK, under consideration of the cost structure in the industry and the existing regulatory framework
  • Bundesnetzagentur, Germany – Assignment by the German network regulator to provide oversight of different benchmarking models which could be employed as part of a system of incentive regulation
  • Group of regional energy companies in Germany – Development of a regulatory strategy for an incentive based access regime to transmission and distribution networks
  • Large German energy market player – Benchmarking to identify potential efficiency savings as part of preparation for regulated access to transmission and distribution networks
  • Large players in the European electricity industry – Economic analysis of the competitive effects of exempted third-party access to an interconnector between different European electricity markets under the Cross-Border Electricity regulation (1228/2003 EC)
  • Postal sector in Switzerland – Impact assessment of postal sector reform in Switzerland for 2011 for the intended opening of the market for competition by modelling different market opening scenarios (Swiss Department for the Environment, Public Transport, Energy and Communication)
  • EnBW – Positioning paper for an effective system of incentive regulation in Germany for the electricity and gas transmission and distribution businesses
  • Enron – Conceptualisation and detailed draft of transmission network access regulation in the gas market in Germany
  • DTe, Netherlands – Benchmarking of electricity transmission and distribution network companies in the Netherlands for the Dutch network regulator as part of the introduction of an incentive based regulatory regime for access charges, review of regulatory regime and strategy, assessment of the state of competition in the market for electricity generation, assessing the suitability of different indices
  • Consortium of UK museums – Development the case for continued public funding. This involved, amongst other pieces of analysis, an analysis of the sourced of funding for the different activities and showed that certain activities would be systematically underfunded if left to the private sector
  • Artists collecting society – Assessment of the introduction of an artists resale right in the UK on the UK art market
  • European regulator – Assessment of the state of retail competition in a large European electricity and gas market

 

Strategy


  • Large European player in the gas market – Strategy work for market entry in Germany