
The economists at RBB have advised on a large number of cases
of alleged infringement involving cartel activity and other horizontal
agreements. These include investigations by the European Commission
under Article 81, by the UK authorities under Chapter I of the
Competition Act 1998 (and its predecessors), as well as by other
national authorities, including the NMa in the Netherlands and
the German Bundeskartellamt. We have also worked on appeals before
the European Court, as well as on cases brought before national
courts.
Our experience covers:
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Cartels and their effects |
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Economists’ contributions to cartel
cases generally focus on assessing the extent to which
cartel agreements were successful in raising prices above
competitive levels. Our familiarity with the way competitive
markets operate under various conditions allows us to assess
the extent to which observed market outcomes are consistent
with competitive explanations. |
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Collective selling arrangements |
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In some settings, a prohibition on collective
selling arrangements may lead to undesirable coordination
failures and free-rider problems. Our expertise allows
us to identify where and why such adverse effects are likely
to arise, and to articulate the potential benefits of collective
selling in such cases. |
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Parallel trade restrictions |
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We are equipped with the skills to assess
the extent to which price differences across countries
are the result of tax and other market distortions beyond
the control of firms. We have also assisted clients in
identifying when restrictions on parallel trade enable
an efficient recovery of fixed costs through differential
pricing and when they permit sales to be made in a territory
or to a customer group that could not otherwise be served. |
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