Effective economic advice almost invariably requires economic arguments to be supported by empirical evidence. RBB personnel have considerable expertise and experience in the practical application of quantitative techniques in various competition law contexts. Depending on the question at issue, our quantitative analysis can range from rigorous but simple statistics and graphs, to cutting edge econometric techniques. We are able to judge which quantitative methods best meet the requirements of each particular case. We have employed quantitative techniques in submissions made to the EC Commission and to national competition authorities throughout the world. In addition, RBB personnel have provided expert Court testimony on the application of such techniques (including econometrics).

In a number of investigations we have developed economic models tailored to the specificities of the industry to shed light on a particular complex competition issue.

Market definition
  In a number of cases we have conducted sophisticated analyses to determine the boundaries of the relevant product and/or geographic market. Because market definition depends critically on demand-side substitution for some cases we have estimated how sensitive consumers are to price changes and to which products or locations they switch. In other contexts we have build economic models to simulate the SSNIP test.
   
Mergers and joint-ventures
  In numerous horizontal mergers, we have used quantitative techniques to assess the extent to which the merging parties exert a significant competitive constraint on each other. Examples include analyses of win/loss data where products are sold via a tender process and consumer diversion patterns (e.g. to shed light on closeness of competition in retailer mergers). We have also modelled how the price, service or profit levels of merging parties are affected by the degree of market concentration and/or by the presence of specific competitors. Our modelling work includes simulating the impact of horizontal mergers and their associated efficiencies, as well as assessing foreclosure incentives in vertical mergers.
   
Article 101 cases
  We have considerable experience of a wide range of different techniques involved in determining the impact of alleged cartels, e.g. as may be required when assessing cartel overcharges and the impact of information exchanges. These techniques may provide evidence on the duration of the infringement as well as the appropriate fine level. We also employ empirical techniques in substantiating efficiencies and their pass through to consumers.
   
Article 102 cases
  Our empirical analyses include the assessment of dominance; the application of equally efficient competitor tests in the analysis of predatory pricing, fidelity rebates and margin squeeze; and models for determining excessive pricing.
   
Litigation / Quantification of damage
  We have worked on behalf of defendants and claimants to quantify damages resulting from Article 101 and 102 (or national equivalents) proceedings or in arbitration. Our techniques are chosen to be suitable for case in hand and presented in a way accessible for decision makers that are not specialists in economic analysis.
   

 

 
» About RBB
» Locations & Contact
» Legal information