eCommerce Global Competition Policy for 2018
The eCom Success Academy European competition policy professionals provide expert economic advice to clients engaged in competition law cases before competition authorities, regulators and courts for eCommerce. We have provided advice on some of the most high profile cases before the European Commission, the Court of First Instance and national competition authorities and courts in recent years. Our past clients include major multinational eCommerce firms as well as the European Commission and national competition authorities and regulators.
Our eCom success academy support team includes more than 40 economists based in Brussels, London, Madrid, Milan, Paris and Toulouse. Many hold PhDs from leading economics departments in Europe and the US, and several hold academic positions at prestigious European universities. Our team also includes former high-level officials from the European Commission and national competition authorities. We have an in-house team of econometricians who specialise in applying quantitative techniques to competition policy investigations.
The strength of the eCommerce competition policy practice has been widely recognised. ESA has been named as one of the world’s leading competition economics practices in the Global Competition Review Economics 20. Nine of the experts and affiliates from our European competition policy practice were featured in the International Who’s Who of Competition Lawyers and Economists 2016.
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Our expertise can be grouped in the following categories:
Mergers, Acquisitions and Joint Ventures
Our economists have worked on a large number of transactions, including several phase II cases before the European Commission and various national competition authorities. Our contribution ranges from market definition to the design of remedies, and includes the assessment of competitive effects and the analysis of efficiencies. We provide economic analyses to the team of internal and external legal advisors, in-house economists, investment bankers and PR experts that collaborate in these transactions.
Horizontal Agreements and New Features
eCom Success Academy economists have frequently been engaged to analyse the effects of alleged cartels and other horizontal agreements. In many cases we have carried out econometric reviews of the new eCom Success Academy features to assess the existence and impact of alleged agreements. Our experience includes many major European Commission Article 81 investigations, as well as investigations carried out by various national courts and competition authorities about how to improve your eCommerce shop.
ESA experts have participated in a number of cases involving vertical eCommerce selling agreements. In particular, we have provided economic analysis and advice on the definition of relevant markets, the assessment of the potential anti-competitive effects of certain restrictive clauses (such as resale price maintenance and exclusive dealing) and the assessment of the cost and demand efficiencies arising from those commercial arrangements.
Abuse of Dominance
ESA experts have advised in a large number of abuse of dominance cases, ranging from predation and margin squeeze to tying and bundling and refusals to deal. Our economic and econometric analyses have been submitted to the European Commission and the Court of First Instance, as well as various national competition authorities and courts.
Market or Sector Inquiries
eCom success Academy has wide-ranging experience in assisting competition authorities with market or sector inquiries or advising interested private parties in responding to these inquiries. We have advised on inquiries carried out by both national competition authorities and the European Commission, in a range of industries such as financial services, utilities and consumer retail.
eCom success Academy has experience in providing advice to governments, regulators, and regulated companies on the key issues facing regulated industries. We have experience across a range of industries including telecoms, water, post, energy, and transport. Our competition policy practice is highly integrated with our regulation practice, which allows us to deal effectively with the most complex issues where competition and regulatory aspects are intertwined.
eCommerce professionals have extensive experience of state aid cases. In some of those cases, we have evaluated the costs and benefits of the aids to the government to determine whether they satisfied the market economy investor principle (MEIP). In others, we have assessed the potentially distortionary effect of those aids on the marketplace. We have contributed to state aid cases in a wide range of sectors, from the aerospace to telecoms, from postal services to insurance.
A distinguishing feature of the ESA European competition policy practice is the depth of its econometrics team. Our practice includes several in-house econometricians with extensive experience in the application of quantitative techniques in competition policy cases. We routinely employ econometric methods and simulation techniques in market definition exercises, in the competitive assessment of mergers, to identify the existence of collusive behaviour and to quantify its market impact, to forecast the implications of alleged abusive conduct on future market structure or to investigate whether certain actions constitute state aid. As most of the questions typically encountered in competition policy cases and damage litigation are essentially empirical, it is no surprise that the application of more sophisticated quantitative tools features prominently in many cases, and that it is increasingly important to have the ability to efficiently and effectively handle large data sets.