Antitrust and Competition

European Competition Economics

NERA’s European Competition Economics Practice provides rigorous and independent expert analysis of the full range of economic issues that can arise in the context of national or European competition law, international trade, and commercial disputes. The practice is led by Prof. Dr. Frank Maier-Rigaud, a former Senior Economist of the Directorate General for Competition of the European Commission, where he was responsible for the review and scrutiny of hundreds of antitrust and merger decisions, the peer review panels, and the sector inquiry framework. He has over 15 years of experience across all areas of competition economics, encompassing many industry sectors.

Our experts provide economic advice to clients in matters before the European Commission, national competition authorities, European courts, and the courts of member states across the EU, as well as in national and international arbitrations. NERA has advised on many of the highest profile and most complex cases across Europe. The practice draws, as needed, on the talents of more than 100 competition experts employed by NERA across Europe, North America, and Asia Pacific. Our team also draws on highly specialized industry expertise of dozens of additional NERA economists and academic affiliates working in other practice areas of the firm.

NERA experts work with clients, legal advisers, and further professional consultants at all stages of a case, from the initial assessment of the relevant competition (and trade) aspects through the preparation of economic reports, supported by strong conceptual analyses and empirical evidence.

Areas of Expertise:
 

  • Damage Quantification

    NERA experts advise clients in defending against damages claims as well as in supporting such claims in connection with breaches of European or national competition rules, in particular Articles 101 or 102 TFEU and corresponding national legislation. In determining possible damage, NERA employs state-of-the-art economic and econometric methods to build realistic counterfactual scenarios. Our reports and testimony are submitted in proceedings before national courts in the context of follow-on actions for damages, and are used for out-of-court settlements or for informal assessments of claims for damages.

  • Mergers and Acquisitions

    NERA economists provide advisory services at all stages of the merger process, from pre-notification merger planning through Phase 1 and, if necessary, Phase 2 of European or national merger review processes. NERA’s experts provide robust market definition analysis; address questions related to horizontal and non-horizontal theories of harm, coordinated and non-coordinated effects, and conglomerate effects; and analyze the likelihood of merger-specific efficiencies.

  • Abuse of Dominance & Monopolization

    Firms with a dominant position in a market face certain restrictions under competition law with respect to their business practices. NERA advises clients in abuse of dominance investigations begun by national competition authorities or the European Commission, and on how to structure their business practices and strategies in order to pre-empt violations of competition law. NERA’s competition experts provide advice regarding the full range of possible abuses, including excessive prices, predatory pricing, price discrimination, margin squeeze, refusal to supply, discounts and rebates, and tying and bundling.

  • Market Definition

    A robust (product and geographic) market definition is often key for subsequent legal and economic analysis, be it in merger cases, for cartels, in assessing dominance, or in state aid cases. In analysing the relevant market, NERA experts employ the SSNIP test in the context of the industry in question, and draw on their substantial expertise in econometric analysis to employ accepted methods for market definition, including critical loss analysis, price correlation analysis, price concentration analysis, trade flow and transport cost analysis, and assessment of price and cross-price elasticities.

  • Cartels & Horizontal Agreements

    NERA has extensive experience evaluating allegations of price fixing, bid rigging, customer and geographic allocation, buyer cartels, parallel pricing, information exchanges, and other collusive behaviour. Our competition experts conduct economic analysis of horizontal business agreements and joint ventures, assess whether these are likely to be found to materially restrict competition and, if so, whether they are instrumental in creating efficiencies that are subsequently passed on to consumers.

  • Vertical Agreements

    Economics plays a central role in the assessment of vertical agreements between firms at different levels of the supply chain. NERA experts have experience in assessing non-linear pricing, resale price maintenance, territorial restrictions, exclusive dealing, and refusal to deal, as well as the likely effects of vertical agreements on efficiency.

  • Sector Enquiries & Market Investigations

    In the EU and in many national jurisdictions, competition authorities have the power to investigate an entire market or sector, assess its functioning, and identify possible competition concerns. NERA experts frequently work with companies during these investigations in order to streamline the process and allow the clients to benefit from our extensive data management expertise. Our experts have broad experience in addressing information requests, carrying out empirical analyses, assessing and responding to economic analyses undertaken by competition authorities, and developing economic reports where required.

  • State Aid

    Economic analyses and evidence is critical in state aid analysis. NERA provides expert advice and assistance to companies in different sectors, and to government institutions on a range of state aid-related aspects. These include the assessment of state measures under the Market Economy Investor Principle, market definition, identification of market failures that might justify state aid, assessment of competitive effects, and the incentive effect of aid and its proportionality, as well as of the risk of competitive distortions.

  • International Trade & Commercial Disputes

    Economic analysis and evidence plays an increasingly important role in international trade disputes. NERA experts advise companies and legal advisors in anti-dumping cases, regarding subsidies and countervailing duties, and trade injury analysis with quantitative analyses of the effects of respective practices, and with the assessment and analysis of relevant firm and market data to address injury and causation. In particular, NERA supports clients in collecting relevant data and in developing the necessary economic evidence in the context of unfair trading practices claims and commercial disputes.

  • Competition and Intellectual Property

    NERA has extensive experience in working on issues at the intersection of antitrust and intellectual property law. Our experts prepare economic analyses for litigation and regulatory proceedings involving the use and abuse of standard setting, licensing and patent extension, mergers with intellectual property issues, damages assessments, and patent settlements.

Name Title Location Phone Email
Dr. Lawrence Wu President San Francisco +1 415 291 1007 lawrence.wu@nera.com
Dr. Andrew Carron Chairman New York City
London
+1 212 345 5407
+44 20 7659 8500
andrew.carron@nera.com
Dr. Sumanth Addanki Managing Director White Plains, NY +1 914 448 4060 sumanth.addanki@nera.com
Dr. Alan Cox Managing Director
Chair of NERA's Intellectual Property Practice
San Francisco
Beijing
Toronto
+1 415 291 1009
+1 415 291 1009
+1 416 868 7314
alan.cox@nera.com
Dr. Christian Dippon Managing Director
Chair of NERA's Global Energy, Environment, Communications & Infrastructure Practice
Washington, DC
San Francisco
+1 202 466 9270
+1 415 291 1044
christian.dippon@nera.com
Dr. Jeffrey A. Eisenach Managing Director
Co-Chair, Communications, Media, and Internet Practice
Washington, DC
London
+1 202 448 9029
+44 20 7659 8500
jeff.eisenach@nera.com
Dr. Graeme Hunter Managing Director New York City +1 212 345 7724 graeme.hunter@nera.com
Dr. Hiroaki Ishigaki Managing Director Tokyo +81 3 3500 3295 hiroaki.ishigaki@nera.com
Dr. Chantale LaCasse Managing Director Washington, DC
Toronto
+1 202 466 9218
+1 416 868 7314
chantale.lacasse@nera.com
Prof. Dr. Frank P. Maier-Rigaud Managing Director
Head of Competition Economics Europe
Berlin
Brussels
Paris
+49 30 700 1506 80
+32 2 674 8818
+33 1 70 75 0180
frank.maier-rigaud@nera.com
Dr. Thomas McCarthy Managing Director
Health Care Practice Chair
Los Angeles +1 213 346 3005 thomas.mccarthy@nera.com
James Mellsop Managing Director Auckland
Wellington
Sydney
+64 9 928 3290
+64 4 819 2550
+61 2 8864 6536
james.mellsop@nera.com
Dr. Christine Siegwarth Meyer Managing Director White Plains, NY +1 914 448 4119 christine.meyer@nera.com
Dr. Chetan Sanghvi Managing Director Washington, DC +1 202 466 9240 chetan.sanghvi@nera.com
Dr. Ramsey Shehadeh Managing Director New York City +1 212 345 6089 ramsey.shehadeh@nera.com
Robert Southern Managing Director Melbourne
Sydney
+61 3 9623 5135
+61 2 8864 6510
robert.southern@nera.com
Dr. Lauren Stiroh Managing Director
Chair of NERA's Global Antitrust and Competition Practice
White Plains, NY +1 914 448 4143 lauren.stiroh@nera.com
Dr. David Blackburn Director Washington, DC +1 202 466 9264 david.blackburn@nera.com
Bradley A. Heys Director Toronto
New York City
+1 416 868 7312
+1 212 345 2691
brad.heys@nera.com
Jeanne Lubek Director Paris +33 1 70 75 01 82 jeanne.lubek@nera.com
Kurt G. Strunk Director New York City +1 212 345 5035 kurt.strunk@nera.com
Dr. Timothy Watts Director New York City +1 212 345 1939 timothy.watts@nera.com
George Anstey Associate Director London +44 20 7659 8630 george.anstey@nera.com
Kristopher A. Boushie Associate Director Washington, DC +1 202 466 9282 kristopher.boushie@nera.com
Jennifer Cascone Fauver Associate Director Washington, DC +1 202 466 9233 jennifer.fauver@nera.com
David Graham Associate Director Melbourne +61 3 9623 5245 David.Graham@nera.com
David Monk Associate Director White Plains, NY +1 914 448 4001 david.monk@nera.com
Dr. Elizabeth Newlon Associate Director Los Angeles +1 213 346 3019 elizabeth.newlon@nera.com
Dr. Pedro Posada Associate Director Madrid +34 91 521 0020 pedro.posada@nera.com
Dr. Subramaniam (Subbu) Ramanarayanan Associate Director New York City
Los Angeles
+1 212 345 0745
+1 213 346 3038
subbu.ramanarayanan@nera.com
Bryan Ray Associate Director White Plains, NY +1 914 448 4004 bryan.ray@nera.com
Grant Saggers Associate Director London +44 20 7659 8802 grant.saggers@nera.com
Dr. Kristin Terris Associate Director Los Angeles +1 213 346 3003 kristin.terris@nera.com
Dr. Peter Boenisch Senior Consultant/Principal Berlin +49 30 70015 06 60 peter.bonisch@nera.com
Kevin Counsell Senior Consultant Wellington +64 4 819 2551 kevin.counsell@nera.com
Dr. Stephanie Demperio Senior Consultant White Plains, NY +1 914 448 4153 stephanie.demperio@nera.com
Dr. Garrett Glasgow Senior Consultant San Francisco +1 415 291 1029 garrett.glasgow@nera.com
Dr. Alan Grant Senior Consultant White Plains, NY +1 914 448 4097 alan.grant@nera.com
Dr. Naoya Kaneko Senior Consultant Tokyo +81 3 3500 3294 naoya.kaneko@nera.com
Tilling Lee Senior Consultant Washington, DC +1 202 466 9268 tilling.lee@nera.com
Dirk van Leeuwen Senior Consultant New York City +1 212 345 5318 dirk.van.leeuwen@nera.com
Dr. Janusz Mrozek Senior Consultant Washington, DC +1 202 466 9239 janusz.mrozek@nera.com
Dr. John Scalf Senior Consultant Chicago +1 312 573 2828 john.scalf@nera.com
Joel Simkins Senior Consultant Washington, DC +1 202 466 9267 joel.simkins@nera.com
Dr. Nadia Soboleva Senior Consultant San Francisco +1 415 291 1018 nadia.soboleva@nera.com
Dr. William S. Taylor Senior Consultant Auckland +64 9 928 3292 will.taylor@nera.com
Dr. Nicola Tosini Senior Consultant Berlin
Brussels
London
+49 30 700 1506 70
+32 2 674 88 17
+44 20 7659 8672
nicola.tosini@nera.com
Dr. Elizabeth M. Bailey Affiliated Academic San Francisco +1 415 291 1000 elizabeth.bailey_affiliate@nera.com
Dr. Michael Baye Affiliated Academic Washington, DC +1 202 466 9298 michael.baye.affiliate@NERA.com
Dr. Lewis Evans Affiliated Academic Wellington +64 4 474 1320 lew.evans@vuw.ac.nz
Dr. Victor Goldberg Affiliated Academic New York City +1 212 345 3000 vpg@law.columbia.edu
Prof. Dr. Marc Ivaldi Affiliated Academic Paris
Brussels
London
+33 1 70 75 01 90
+32 2 282 4340
+44 20 7659 8500
marc.ivaldi.affiliate@nera.com
Dr. Carlo Scarpa Affiliated Academic Rome +39 06 488 8101 carlo.scarpa@nera.com
Prof. Dr. Ulrich Schwalbe Affiliated Academic Berlin
Brussels
+49 711 4592 2992
+32 2 674 8810
ulrich.schwalbe.affiliate@nera.com
Dr. Bryan Tomlin Affiliated Academic Los Angeles +1 805 284 1811 bryan.tomlin@csuci.edu
Dr. Andrew Joskow Affiliated Consultant Washington, DC +1 202 466 3510 andrew.joskow.affiliate@nera.com
Linda McLaughlin Affiliated Consultant New York City +1 212 345 5340 linda.mclaughlin.affiliate@nera.com
Dr. Alexandre Carbonnel Consultant Paris
Brussels
+33 1 70 75 01 60
+32 2 674 8815
alexandre.carbonnel@nera.com
Title Type Author
Paper Trail: Review of a Recent Working Paper on the Effect of Copay Coupons on Drug ... Published Article The Antitrust Source
The Handbook of Competition Economics, 2017 Book Dr. Hiroaki Ishigaki
Improving Merger Analysis With Randomized Controls Trials Published Article By Dr. Elizabeth M. Bailey
Demonstrating Faulty Predictions in Class Certification Analysis Published Article Dr. Lauren Stiroh, Dr. Christine Meyer, and Dr. Claire (Chunying) Xie
The Revolution in the Law and Economics of Antitrust Class Certification Book By Dr. Lawrence Wu and Michele Floyd
Economics of the Interconnection Data Centre (IDC) Industry Report By Dr. Frank P. Maier-Rigaud, Dr. Christopher Milde, and André Selke
The Object of My Effect: The Role of Economics in Restrictions “By Object” in the Eur... White Paper By Pedro Posada and António Freitas
Ownership and Control: Implications for the Analysis of Interlocking Directorates, Pa... Book Dr. Elizabeth Bailey
Behavioral Economics and US Antitrust Policy Published Article By. Dr. Elizabeth M. Bailey
Vertical Restraints and the Forgotten Function of Prices in Brand Management Published Article By Dr. Frank P. Maier-Rigaud and Roman Inderst