CaseCon Associates
Competition and Regulatory Economists
mergers
   
 

Mergers
CASE economists have considerable experience in assisting lawyers in completing pre-merger risk assessments, initial filings in Phase I of the EC Merger Regulation, and its national equivalents, and in Phase II investigations. These range from data collection and analysis, to economic analysis of market definition, market power (dominance or the newer tests of ‘substantial impediment of competition’ and ‘substantially lessening competition’), competitive impact, and the statistical analysis relevant to these issues, and in assessing proposed and alternative remedies.

CASE economists have been involved in some of the largest global and European mergers including Proctor & Gamble/Gillette, Sonae/Portugal Telecom, T-Mobile/Tele.ring, E.ON/MOL, Dong/Elsam/E2, Carnival/P&O Princess Cruises, Telia/Sonera, MCI/WorldCom, HP/Compaq, Seagrams/Polygram, Telia/Telenor, Vodafone/Mannesmann, AOL/Time Warner.

CASE economists have appeared before the EC Commission, as well as national competition authorities in the UK (Competition Commission, Office of Fair Trading, Competition Appeal Tribunal), the Netherlands (NMa), Finland (Competition Authority), Ireland (Competition Authority), Italy (AGCM), Latvia (Competition Council), Portugal (AdC), Australia (ACCC), and other administrative bodies and courts.

Among the issues CASE economists have examined in merger investigations have been:

pre-merger antitrust risk assessments of proposed mergers in the shipping, personal care, industrial chemicals and communications industries
product and geographic market definition in European energy markets
chain of substitution in tour holiday markets
product and geographic market definition in fixed, cable and mobile communication services markets
definition of relevant radio and advertising markets
market definition and competitive impact of airline alliances
vertical effects of communications mergers
network effects in pay TV mergers
foreclosure due to price internalisation and first mover advantages
single firm dominance in Internet markets
competitive effects of switching capacity across geographical markets
competitive effects and links between competitors in separate regions
entry analysis in particular consumer product markets
“mutual moderation” between telecom operators in separate markets
comparative competition in water utility mergers
vertical and horizontal separation remedies in a telecoms merger
behavioural remedies to deal with foreclosure and price squeezes
a joint venture in the nuclear energy industry
regulatory remedies including unbundling and wholesale capacity auctions
   
   
 
   

 

 

Competition
Cartels
Mergers
Litigation / Damages
Regulation