Experience

We provide clients with economic advice in cases spanning the spectrum of competition law and related areas of commercial litigation. We work in a wide variety of economic sectors and in numerous European jurisdictions. Below, you can find some of our major cases and comments from our clients.

Example Cases

Merger of Holcim and Lafarge

“E.CA’s economists are very proactive, creative and professional. Their capabilities in handling, within the short deadlines of merger proceedings, vast amounts of data and translating complex economics into relevant analysis is unrivalled. E.CA’s excellent strategic guidance and advice was key for winning the EU Commission’s support for this global transaction.”

Dr. iur. Juhani Kostka, Associate General Counsel Competition Law, LafargeHolcim

Merger of Holcim and Lafarge (EC Case Number M.7252).

 

In 2015, Holcim of Switzerland merged with Lafarge of France to become the world’s largest cement producer, with operations in 90 countries. E.CA Economics assisted the merging parties through the course of the regulatory proceedings in Europe and in various non-European countries like Indonesia and Brazil. The merger impact assessment focussed strongly on the geographic scope of competition, since most construction materials are sold within a relatively short distance from the manufacturing site. The European Commission ultimately cleared the merger, despite its complexity, in Phase I on a conditional basis, ordering the implementation of a package of divestments encompassing multiple countries and including various assets.

ASICS – selective distribution and online sales

“E.CA Economics made a substantial contribution in an important and complex area, and I am very impressed with their work. With e-commerce growing steadily, the results of E.CA’s study are timely and relevant for the future.”

Aster Kamp-van de Velden, Compliance Officer EMEA, ASICS Europe B.V.

ASICS appeal against FCO decision regarding distribution agreements

On 26 August 2015, Germany’s Federal Cartel Office (FCO) ruled that certain provisions of ASICS’ selective distribution system relating to online advertising violated competition law. ASICS appealed this decision at the Dusseldorf Regional Court of Appeals, which confirmed the FCO decision in April 2017. E.CA Economics provided economic assistance to ASICS by identifying and substantiating the potential efficiencies of the company’s online-advertising provisions, which were related to free-rider problems and brand-image protection. For example, one of the provisions barred authorised distributors from providing support to price-comparison websites. At the time the new distribution system was implemented, price-comparison websites generally had limited functionality and poor privacy and consumer-protection standards. Some customers had reported that they had been misled regarding purchases. The appearance of a company’s products on these websites thus carried a serious risk of harm to the brand’s image. Although the Dusseldorf Court confirmed the FCO decision, a broader debate has emerged in Europe regarding vertical restraints in the context of online sales.

Ex-post evaluation of State aid measures

“Communicating sound economics, linking it properly to the legal context and delivering novel but robust recommendations for implementation to the ministry – E.CA performed on all of these dimensions of this interdisciplinary research project. In fact, it was fun working together!”

Andreas Rosenfeld, Partner / Simone Lünenbürger, Counsel, Redeker Sellner Dahs

Environmental State aid – study for the German ministry on ex-post evaluation

The EU Commission recently introduced new obligations for the ex-post evaluation of State aid schemes for member states. To prepare for upcoming submissions to the Commission, the German Federal Ministry for the Environment and the associated Environmental Agency engaged E.CA Economics and the law firm Redeker Sellner Dahs for an interdisciplinary research project on ex-post evaluations of environmental aid. To assess the probability with which the Commission would request an ex-post evaluation of an environmental State aid scheme, the team designed a novel warning system. Moreover, a roadmap helping to steer the organisation, scope and timing of an ex-post evaluation by the ministry was developed. The most important methodical issues when carrying out an ex-post evaluation were explained using examples of environmental aid schemes. The legal analysis included the data-protection framework for upcoming ex-post evaluations.

ESBR/BR damages compensation

“I was impressed by E.CA’s analytical competence and ability to apply rigorous economic analysis in a complex legal environment. E.CA’s analysis and evidence were crucial to the ultimate settlement of this long-lasting damages case.”

Louise Freeman, Partner, Covington & Burling LLP

ESBR/BR damages compensation

The case dates back to 2006, when the European Commission fined rubber manufacturers including Dow, ENI, Shell and Bayer more than €500 million for price-fixing over a period of six years. E.CA Economics supported a coalition of leading tyre manufacturers who were claiming damages in English courts as direct customers of the ESBR/BR (types of synthetic rubber) cartel. One of E.CA’s directors, supported by a team of economists from both E.CA and our US partner Bates White, acted as an economic expert in the English High Court. Based on time-series econometric techniques, overcharges were estimated and tyre costs and price data were examined to assess whether and to what extent overcharges were passed on. After intensive negotiations and a court action that spanned over a period of more than seven years, the litigation ended by settlement.

Acquisition of E-Plus by Telefónica Deutschland

“In the Telefónica/E-Plus merger proceeding, E.CA Economics managed several complex workstreams in parallel. Despite the workload, they impressed us with sophisticated, comprehensive and timely economic analysis and expert reports that conveyed the ideas in an accessible and convincing manner to the European Commission.”

Valentina Daiber, Chief Officer for Legal & Corporate Affairs, Telefónica Deutschland Holding AG

Acquisition of E-Plus by Telefónica Deutschland (EC Case Number M.7018)

In July 2014 following an in-depth investigation, the European Commission conditionally approved Telefónica Deutschland’s proposed acquisition of German mobile telecommunications business E-Plus, at that time owned by the Dutch company KPN. The Commission’s main concern was that the merger would eliminate competition between two rival firms, thus removing important competitive forces from Germany’s mobile telecommunications market. An additional concern was that the merger would further weaken the position of mobile virtual network operators (MVNOs) and service providers. Drawing on its substantial experience in the telecommunications sector, E.CA Economics carried out detailed economic and econometric analyses for the merging parties in various areas, including closeness of competition, diversion ratios, upward pricing pressure and operational efficiencies.

Sectors

  • A

    A-TEC
    Albert Ziegler
    ASICS
    Asso Abloy
    Austrian Energy & Environment

    B

    Bayerischer Rundfunk
    Beiersdorf
    Belron International
    BILLA

    C

    Carglass
    CEMEX
    Copenhagen Airports A/S

    D

    Daimler
    DB Regio
    Deutsche Bahn
    Deutsche Post
    Deutsche Telekom
    DG Competition
    DG ECFIN
    DHL
    Dr. Oetker

    E

    E.ON
    eBay
    Edeka
    Embraer
    European Commission
    European Directories
    European Round Table of Industrialists (ERT)

    F

    Ferrero
    Ford
    Funda

    G

    Gadot Biochemical Industries
    Galam
    Garmin
    Gewista
    GN Store Nord

    H

    Heidelberg Materials AG
    Holcim

    I

    IBM
    Iveco Magirus

    K

    Kabel BW
    Knauf

    M

    Magna
    Mediengruppe RTL Deutschland
    Merck
    Mineralölwirtschaftsverband e.V. (MWV)
    Mitteldeutsche Flughafen AG

    N

    Novartis
    Nuon

    O

    OECD
    Ofcom
    Olympic Catering

    P

    PayPal
    Pfizer
    Porsche
    Potasse & Produits Chimiques
    Pratt & Whitney
    Progroup
    ProSiebenSat.1 Media SE

    R

    REMONDIS
    REWE
    RWE

    S

    Sandoz
    SCHWENK Zement
    Siemens
    SIX Card Solutions
    Slovak Telekom
    STRABAG
    Südwestdeutsche Salzwerke
    Südwestrundfunk
    Swisscom

    T

    T-Mobile Austria
    T-Mobile Deutschland
    TenneT
    ThyssenKrupp

    U

    Unibail-Rodamco-Westfield

    V

    VACUUMSCHMELZE
    Vattenfall
    Vynova Group

    W

    Wall AG
    Westfalen

    X

    Xella International

     

  • A

    Advant Beiten
    Alston & Bird
    A&O Shearman
    Arnold & Porter
    Ashurst

    B

    Baker & McKenzie
    Banning
    bpv Hügel

    C

    Cleary Gottlieb Steen & Hamilton
    Clifford Chance
    CMS Hasche Sigle
    Commeo
    Covington & Burling
    Crowell & Moring

    D

    De Brauw Blackstone WestBroek
    Dentons
    Dickstein Shapiro
    DLA Piper
    Dolde Mayen & Partner

    E

    E+H

    F

    Freshfields Bruckhaus Deringer

    G

    Gide Loyrette Nouel
    Gleiss Lutz

    H

    Haver & Mailänder
    Hengeler Mueller
    Hogan Lovells

    J

    Jones Day

    L

    Latham & Watkins
    Linklaters

    M

    McDermott Will & Emery
    Maverick

    N

    Noerr
    Norton Rose Fulbright

    O

    Oberlandesgericht Düsseldorf
    Oberlandesgericht Wien

    R

    Redeker Sellner Dahs

    S

    Schellenberg Wittmer
    Schönherr
    SGP Schneider Geiwitz
    Shearman & Sterling
    Skadden, Arps, Slate, Meagher & Flom

    V

    Van Bael & Bellis

    W

    White & Case
    WilmerHale