In the European Union, dominant firms have a special responsibility to ensure that their conduct does not harm competition on the market in a way that results in consumer harm.

We provide economic advice in abuse of dominance cases, covering a wide range of potentially harmful practices, such as price discrimination, exclusivity conditions,  discounts and rebates, predatory and conditional pricing, tying and bundling, refusal to supply and retail margin squeeze.

We provide meaningful analysis by leveraging our deep understanding of the economic and legal context in which these conducts take place. We are currently involved in leading European and national Article 102 cases.

We have a particular expertise in the assessement of offensive and defensive leverraging in digital markets. The zero-price nature of some digital markets, the interconnectedness of complementary products and network effects makes it more challenging to assess the relevant market, dominance and the likely competitive effects of particular conducts.

While we consider market definition to be an important preliminary step in assessing dominance, we focus our analysis on delineating the relevant theory of harm and the likely effects of the anti-competitive conduct.

Our experts have a unique experience in single conduct cases, both as former enforcers and in the private sector. We act for both complainants and defendants in the context of antitrust proceedings in front of the European Commission, national competition agencies and Courts. We also support clients in follow-on and standalone private litigation.

Horizontal and vertical agreements between firms can enhance market efficiency. However, agreements between two or more competitors or between a supplier and its customers may give rise to antitrust concerns and fall under the scrutiny of the European Commission and national competition authorities. There are no per se formalistic prohibitions in Europe. Each agreement is unique and requires a tailored assessement of its legal and economic context, including its business rationale, capability to harm consumers and the likely impact on competition.

Our experts are highly regarded thought leaders in the field of horizontal and vertical agreements. They have previously contributed to the drafting of the European Commission’s guidelines. They have recently provided comprehensive economic support to defendants or claimants in various industries and multiple jurisdictions. Our experience includes proceedings involving information exchanges, allegations of price fixing behaviour between direct competitors (cartels, bid-rigging) and market allocation agreements. We also advised in vertical cases related to exclusive or selective distribution, resale price maintenance, most favoured nation clauses, export/import restrictions and other forms of customer restrictions.