Experience

We have provided clients with economic advice in cases spanning the spectrum of competition law and related areas of commercial litigation. We have worked in a wide variety of economic sectors and in numerous European jurisdictions.

Example Cases

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.

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.

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.

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.

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.

Sectors

Selected Company Clients

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
Gazprom Germania
Gewista
GN Store Nord

H

HeidelbergCement
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

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

V

VACUUMSCHMELZE
Vattenfall

W

Wall AG
Westfalen

X

Xella International

Selected Legal Clients

A

Allen & Overy
Alston & Bird
Arnold & Porter
Ashurst

B

Baker & McKenzie
Banning
Beiten Burkhardt
bpv Hügel

C

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

D

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

E

Eisenberger & Herzog

F

Freshfields Bruckhaus Deringer

G

Gide Loyrette Nouel
Gleiss Lutz

H

Haver & Mailänder
Hengeler Mueller

J

Jones Day

L

Latham & Watkins
Linklaters
Lovells

M

McDermott, Will & Emery
Maverick Advocaten

 

N

Noerr
Norton Rose

O

Oberlandesgericht Düsseldorf
Oberlandesgericht Wien

P

PF&P

R

Redeker Sellner Dahs

S

Salans
Schellenberg Wittmer
Schönherr
Shearman & Sterling
SJ Berwin
Skadden, Arps, Slate, Meagher & Flom

V

Van Bael & Bellis

W

White & Case
Wilmer Hale