The European School of Thought changed the application of competition law in the EU. In assessing whether an agreement falls under the cartel prohibition, in today’s world an economic evaluation is central.
Since the implementation of Regulation 1/2003 in 2004, these economic assessments have to be made by the companies themselves.
EE&MC supports companies with economic expertise by answering the following questions:
- Market definition: What products and geographic areas are part of the relevant market?
- Horizontal cooperation: Can I make agreements with my competitors? What can I agree on in such an agreement?
- Vertical restraints: What agreements can I conclude with my supplier? What can I agree with my customers? What can I include in the contract? Can my anticompetitive agreement benefit from an exemption?
- Market structure: How to measure and evaluate the degree of concentration, market share, barriers to entry and exit in my market?
- Pricing: Are price changes caused by competition or collusive behaviour? Could my suppliers be in a cartel? How can I detect cartels (cartel screening)?
- What effect has a cartel had on the market? What are my cartel damages?
- Other questions regarding the market behaviour: To what extent do price agreements between companies reduce competition?
- Vertical issues: To what extent does a specific vertical integration reduce competition?
EE&MC has outstanding expertise in defining markets and the evaluation of horizontal agreements between competitors as well as vertical restraints between suppliers and customers.
In our work, we utilise the guidelines of the European Commission. We advise, for example, if block exemptions are applicable or, when companies are above the market share limits, any individual exemptions from the cartel prohibition may apply.