In addition to working on numerous EC cases involving analysis of Dutch national markets, the economists at RBB have acquired considerable experience of domestic Dutch cases considered by the Netherlands Competition Authority (NMa) and telecoms regulator OPTA. Our work on such cases spans many sectors of the economy including mobile and fixed telecommunications, broadband internet access, broadcasting, post, newspapers, magazines, directory services, IT-services, financial services, branded consumer products, grocery retailing, mobile phone retailing, petrol retailing, medical equipment, coatings, construction materials, social housing, health care and energy. We have also worked extensively on projects for the NMa, telecoms regulator OPTA, energy regulator DTe, the Ministry of Economic Affairs and the Dutch Health Care Authority.

To reflect our growing Dutch practice, RBB opened an office in The Hague in 2004

Domestic Merger Cases
EC Merger Cases
Restrictive Agreement Cases
Dominance Enquiries
Background Studies and Training Seminars
Telecommunications Act Market Assessments
Contact

Domestic Merger Cases

• The acquisition of a number of Konmar supermarkets by Ahold.
• The acquisition of the Dutch branches of Dixons by T for Telecom
• Merger of housing corporations HhvL and SWS in the region of Eindhoven. The merger was cleared unconditionally after a Phase II investigation by the NMa.
• The acquisition of Telfort by KPN Mobile. The acquisition was cleared unconditionally after a Phase I investigation.
• Advise in relation to the acquisition of major Dutch publisher Malmberg by the international publishing group Sanoma. The parties had significant overlap on the market for juvenile magazines. The NMa cleared the merger unconditionally after a Phase I investigation.
• Advice during a Phase I investigation by the NMa into the acquisition PinkRoccade by Getronics. Both firms provide IT services.

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EC Merger Cases

• Joint Venture of Dutch newspaper publishers PCM and Wegener, conditionally cleared after a Phase I investigation.
• Advice during the Phase I merger of two international stationery supply businesses, the main impact of which was felt in the Netherlands as a result of the merger of their respective Dutch operations.
• Advice during Phase II investigation of merger between two international suppliers of pre-fab concrete building elements.
• Advised a large Dutch electronics equipment manufacturer, from the pre-notification stage onwards, during two global merger transactions in the medical equipment sector. Both acquisitions were unconditionally cleared both in Europe (in Phase I) and in the United States.
• Advised during a Phase II investigation of a merger involving two international producers of vitamins and fine chemicals.

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Restrictive Agreements Cases

• Advised the Dutch Association of Banks on an agreement to collectively decrease tariffs for debit card transactions. The NMa has issued an informal opinion stating it had no objections against this agreement.
• Work for Shell, preparing a substantial expert report analysing margin support provisions in its contracts with dealers. The NMa closed its investigation without finding against these provisions.
• Economic analysis for Heineken of its on-premise distribution system in the light of new European regulations on vertical restraints.
• Advised Endemol regarding its long-term supply agreements with broadcasters.

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Dominance inquiries

• Assisted cable operator UPC in an excessive pricing case. The NMa concluded its investigation with a decision stating that the cable operator had not charged excessive cable subscription tariffs.
• Advised during a court case brought before the Dutch courts against a major Dutch financial institution alleging that its tariff and discount structure constituted an abuse of a dominant position.
• Provided economic assistance to the NMa and OPTA during the assessment of an essential facility case in telecommunications.

Telecommunications Act Market Assessments
(based on the EU Regulatory Framework for the markets for electronic communication services and products)

• Assisted Orange during its appeal against the decision by OPTA of November 2005 to regard it as holding significant market power in the supply of termination services on its own mobile network.  The decision was annulled in 2006 by the Dutch appeal court (College van Beroep voor het Bedrijfsleven).
• Advised mobile network operator Orange in relation to OPTA’s development of the Bottom-Up Long Run Incremental Cost (BULRIC) model by OPTA for the regulation of mobile termination pricing.
• Provided economic support to UPC, Casema and Essent Kabelcom in relation to OPTA’s assessment of the market for broadcasting services. This included a report to the European Commission in relation to the consultation stage of draft regulation to be imposed on cable operators.

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Background Studies and Training Seminars

In addition to their private client work in the Netherlands, RBB has given a number of seminars and workshops to the Dutch competition authority (NMa), the Dutch telecommunications regulator (OPTA) and a number of law firms. These workshops have considered in detail the economic approach to market definition, including the evidential techniques that are routinely used in deciding between competing market definitions, and the analysis of allegations of abuse of dominance. For OPTA the specific issues covered related to the application of standard competition principles to the policing of competition in the telecommunications sector.

• A study for the Dutch Ministry of Economic Affairs on cross-border market power in wholesale electricity markets.
• RBB prepared an assessment for DTe of two industry expert opinions in relation to DTe’s regulation of gas transport tariffs. 
• A study on the risk of coordinated effects in bidding markets, for the NMa.
• A study on the risk of oligopolistic dominance in electricity distribution and supply in various countries, for the NMa.
• An economic framework for assessing mergers and acquisitions in the Dutch insurance sector, for the NMa.
• A study on the liberalisation in the Dutch postal sector, for OPTA.

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Contact

For further information on RBB Economics ands its Dutch experience, please contact:

RBB Economics The Hague
thehague@rbbecon.com
+31 70 4262 277