Abuse of Dominance

Artboard 5 copyAbuse of Dominance

Authorities and courts increasingly recognise the need to assess the effects of potentially-abusive conduct. Economic analysis plays a key role in formulating and assessing potential “theories of harm” and collecting the data to test whether they apply in practice.

Most conducts will have alternative, pro-competitive justifications. Given these trade-offs, we use economic models of firm and consumer behaviour, as well as empirical analysis, to assess whether consumers, and not just competitors, are adversely affected. We work with our clients and their legal teams to navigate competition investigations as well as advising them in advance on whether their own conduct, or that of their competitors, could be considered abusive.

From tech to pharma, from ice creams to e-books, our abuse of dominance work has involved some of the most high-profile cases in recent years.

Assessing potentially-abusive conduct requires detailed and bespoke economic analysis. We have worked on some of the most high-profile abuse cases of recent years.

Cases

Asthma Inhalers

2017

Ice Cream (Italy)

2017

Fox Netherlands (TV distribution)

2017

Phenytoin Sodium

2017

MTN

2017

Ice Cream (UK)

2017

Google Android

2017

Liothyronine

2017

Hydrocortisone

2017

Telenor (Margin Squeeze)

2016

Immoweb (MFNs)

2016

SFR/Altice Group Numericable

2016