GCR 100 2023

E.CA Economics

E.CA Economics

Professional notice

Global headsHans Friederiszick and Rainer Nitsche
Home jurisdictionGermany
Countries with competition specialists3
Continents with competition specialists1
Total number of economists38
Competition economists38
Percentage of firm specialised100%
Who’s Who Legal: Competition nominees3
Group one9
Group two6
Group three6
Group four17
Lateral hires2
Departures2
Internal promotions2

Rooted in Germany, E.CA Economics is home to a dynamic competition practice that extends across Europe and into the US, thanks to a well-established relationship with Bates White. The consultancy was boosted by the return of its original co-founder Lars-Hendrik Röller in February 2022, following a decade-long stint as chief economic adviser to former German Chancellor Angela Merkel. One of the biggest names in the game after serving as the European Commission’s first chief competition economist, Röller was welcomed back as a director by global practice co-heads Hans Friederiszick and Rainer Nitsche.

Headline recent matters include advising Meta on its acquisition of Giphy, which was conditionally cleared by Austria’s Cartel Court in February 2022 following a Phase II investigation by the Austrian Federal Competition Authority. The firm also advised Metro and AGM on their merger, which the same court conditionally cleared in April 2022. Across the border, the consultancy advised EG Group on its purchase of filling station business OMV, which Germany’s Federal Cartel Office conditionally approved following a Phase II review with divestiture conditions. In another high-profile mandate, E.CA advised Kronospan on its proposed acquisition of Pfleiderer Polska, which would have combined two of the EU’s largest wood-based panel suppliers had they not abandoned the deal following a Phase II probe by the European Commission.

On the antitrust litigation side, E.CA has been advising Proximus in litigation brought by BT, Colt and Verizon concerning an alleged margin squeeze in the Belgian communications industry. E.CA also advises claimants in separate competition damages actions against Alphabet, several UK banks and Gazprom Export.

Effective and timely advice, based on robust economic analysis

E.CA Economics is one of the leading European competition economics consultancies, advising law firms, companies and authorities in the fields of competition policy and regulation. This includes work such as mergers, antitrust or state aid cases and economic analyses within regulatory procedures as well as studies on competition policy issues for international organisations.

Our international team of over 40 economists works in a wide variety of sectors and in numerous European jurisdictions. Our offices are based in Berlin, Brussels, London and Munich.

We contribute substantial value to our clients by providing tailor-made advice built on robust economic analyses and thorough research. As a partner of ESMT Berlin, the highest-ranked business school in Germany and Top 10 in Europe, E.CA Economics can draw on the latest economic research.

E.CA Economics and Bates White, based in Washington D.C., USA, maintain an exclusive cooperative partnership to provide antitrust services on transatlantic cases.

Founded in 2007, E.CA Economics has been named in Global Competition Review’s annual ranking of the Top 21 consultancies for antitrust economics advice since 2008.

To learn more about our capabilities, client references and team members, visit us at www.e-ca.com

Services

Mergers

Our highly qualified and experienced team provides robust economic analysis of the competitive effects associated with mergers, both in phase I and phase II investigations and acquisition. Our experts employ advanced economic tools to define the relevant antitrust markets from a product and geographic standpoint and analyse potential competition concerns of horizontal and vertical mergers. We have provided economic analysis for merging parties in cases brought before the European Commission and many national autho­rities including the German, Austrian, Belgian, Dutch, Swiss and UK competition authorities.

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. 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.

Litigation, damages and arbitrations

We provide expert economic advice to plaintiffs and defendants engaged in private litigation. Our consultants act as independent appointed experts in court and arbitration proceedings and have themselves served as arbitrators. They perform in-depth counterfactual scenario analyses to evaluate the economic effects of cartels. With extensive experience in empirical overcharge and pass-on esti­mation, we are able to produce robust estimates of cartel overcharges and damages, and provide overcharge estimates for settlement negoti­ations with national enforcement agencies and in private litigation.

Abuse of dominance

We offer broad expertise in abuse of dominance (Article 102 TFEU) matters, employing an effects-based approach to cases in this area. In assessing potential anti-competitive behaviour, detailed economic analysis of conduct is crucial. We combine the latest developments in economic theory with robust empirical analysis and are experts in applying conceptual benchmarks for exclusionary behaviour, such as the as-efficient-competitor test, to real-world cost data.

State aid

We help companies and public authorities to assess any economic issues related to State aid control. We apply the Market Economy Operator Principle to identify potential State aid and assess compatibility with the provisions of Article 107(3) TFEU. In addition, we have conducted several ex-post evaluations of Euro­pean State aid policies for the European Commission, addressing inter alia regional and environmental aid.

Regulated industries and market design

We advise firms on a wide variety of regulatory issues including access regulation and rate setting. Among others, we have developed and implemented market-design plans in regulated industries such as local and rail transport.

Innovation, patents and copyright

We provide expert economic advice in cases at the intersection between antitrust and intellectual property, as well as on matters where innovation plays an important role. We have accumulated extensive experience in this area, thanks to the involvement in relevant investigations, by being au­thors of high-profile reports on copyright policy options for the Euro­pean Commission, and through extensive work in the area of mergers and innovation.

Website: www.e-ca.com

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