Cartels & Anticompetitive Agreements

EXPERTISE

ASSESS COLLUSION FACILITATING PRACTICES

There is an increasing emphasis on the economic aspects of the assessment of horizontal and vertical agreements.

Economic reasoning can assist inter alia in dealing with issues such as the analysis of market features facilitating collusive outcomes, the assessment of anticompetitive effects and the quantification of efficiencies.

We use our expertise to provide economic input, including sophisticated economic analysis and empirical evidence, at all stages of the investigation process. Among other things, we advise on case strategy, prepare economic submissions and expert reports and provide testimony. Our experts are known for high quality, robust analysis, compelling argumentation and clear communication style.

We have worked for both defendants and claimants, as well as their legal advisers, on most high-profile cartel cases in Cyprus.

We can help
  • Assess the compatibility of an agreement with competition law
  • Distinguish procompetitive and anticompetitive agreements
  • Delineate the relevant market (e.g., SSNIP test, Critical Loss Analysis)
  • Conduct market analysis and assess how competition operates in the relevant market
  • Assess market characteristics and other features facilitating collusion
  • Appraise competitive effects
  • Evaluate likely damage to consumers
  • Identify and quantify efficiency claims in competition proceedings
  • Determine the but-for scenario (counterfactual market outcome)
  • Address liability of cartel members to their parent companies
  • Reply to questionnaires and information requests by the competition authority
  • Prepare rebuttal expert reports
  • Access the file in the course of the administrative procedure
  • Access confidential documents in data rooms and prepare data room reports
  • Make recommendations and analyse remedies and commitments to eliminate competition concerns
  • Provide expert testimony at oral hearings
  • Monitor and ensure compliance with the conditions and obligations attached to commitment decisions
  • Assist with leniency applications and settlement procedures
  • Assess mitigating and aggravating circumstances to be considered in setting the fine
  • Provide evidential and analytical support in the context of appeals against cartel infringement decisions

Do you need specialised advice?