The European School of Thought changed the application of the competition law. In assessing whether an agreement falls under the cartel prohibition, in today’s world the economic evaluation is central. Since the implementation of Regulation 1/2003, these economic assessments have to be made by the companies themselves.
EE&MC supports the 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 in such an agreement?
- Vertical restraints: What can I arrange 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 there price changes caused by competition or collusive behaviour? Are my suppliers in a cartel? How can I detect cartels (cartel screening)?
- What is the cartel effect on the market? What are my cartel damages?
- Other questions regarding the market behavior: 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 an outstanding expertise in both, the evaluation of horizontal agreements between competitors as well as vertical restraints between suppliers or customers.
In helping companies, EE&MC 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, and individual exemptions from the cartel prohibition may apply.