Cartels and other anti-competitive agreements
We conduct economic analysis related to cartel investigations by competition authorities. Our services in the area of (potentially) anti-competitive agreements extend to all types of horizontal and vertical agreements.
We advise clients on potential risk exposure by evaluating the nature of their practices and agreements. Such advice can take place early in an investigation by a competition authority or be conducted in support of internal review processes. During cartel investigations, our consultants prepare empirical analyses on the actual or likely competitive effects of the alleged behaviour and assess the extent to which alternative explanations of certain behaviours apply. E.CA Economics additionally assists clients with self-assessments or in the context of investigations by authorities of horizontal (e.g. technological cooperation agreements) and vertical agreements (e.g. between brand owners and distributors).
The tip of the iceberg – number of prosecuted cartels in Europe
Number of Commission decisions relating to cartels, average in the last two years compared to long-run average
The figure compares the average number of decisions in the last two years (with available data) to the previous 10 years.
Source: E.CA Economics based on Friederiszick/Gratz/Rauber (2018)
Engagements
We provide economic analysis to numerous clients involved in cartel proceedings and cases involving information exchange and we have presented economic evidence before competition authorities across Europe. For our experience in calculating cartel damages, please see the Litigation, damages and arbitration section. In the area of vertical agreements, our consultants have worked on distribution networks for well-known brands and analysed intellectual property licensing agreements. In the area of horizontal agreements, we have carried out competitive assessments of arrangements such as procurement joint ventures in a wide variety of industries. Our engagements in this area have included advice to:
- Smart card chip cartel: support to Infineon AG, market definition and effects analysis, defendant side, EU administrative proceedings and private litigation
- Companies involved in EU administrative cartel proceedings, including trucks (defendant, proceedings and damages), cold cuts (defendant, proceedings), financial products (defendant, proceedings and damages), beer (defendant, proceedings), bearings (defendant, proceedings and damages), freight forwarding (claimants, proceeding and damages), and several other cartel proceedings
- Companies involved in vertical restraints proceedings including grocery retail and fast-moving consumer goods
- A large pharmaceutical company (competitive impact of a license agreement)
- Leading paper-industry producers (analysis of a procurement joint venture)
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