
RBB economists have advised on many cases involving allegations of abuse of dominance. These have included Article 102 investigations by the European Commission and equivalent inquiries by domestic European competition authorities.
Our economists' experience in this area covers many sectors including airlines, packaging, branded consumer goods, software, pharmaceuticals and newspapers.
 |
Access to essential facilities |
| |
For an “essential facilities” abuse to arise, it is necessary that the facility in question is truly indispensable in supplying a related market. Market definition in both markets is therefore often decisive in such cases. Our extensive experience of these issues allows us to assist clients in preparing and presenting robust and relevant market analyses.
|
| |
|
 |
Exclusionary rebates and discounts |
| |
An appraisal of the precise circumstances of an individual case is critical to the interpretation of specific volume discount structures and their likely competitive impact. Our ability to combine sound economic analysis with a practical understanding of how businesses actually work, and the underlying motivation for such schemes, enables us to appraise the effects of particular discount structures, such as specific volume rebate schemes. |
| |
|
 |
Tying and bundling |
| |
In cases involving alleged competitive harm through tying and bundling, economic theory provides both pro-competitive and anti-competitive rationales for the observed behaviour. Our ability to test theoretical predictions against specific empirical realities enables reliable conclusions to be drawn in such cases. |
| |
|
 |
Predation |
| |
Our economic knowledge allows us to undertake the careful analysis of costs, together with assessment of any legitimate motives for loss leading, and of the stability of current industry structures necessary to distinguish competitive from predatory or other forms of exclusionary pricing. |
| |
|
 |
Price discrimination |
| |
We have advised extensively on the economic theory of price discrimination, and have considerable working knowledge of the commercial factors that make variable price-cost margins a standard feature of the competitive market environment in most sectors. Our work has frequently analysed the relationship between these commercial realities and public policy objectives aimed at the potentially harmful effects of price discrimination. |
| |
|
 |
Excess pricing |
| |
Excessive pricing would normally be expected to induce a correcting competitive response. Our ability to identify any constraints on such reactions, as well as to ensure profitability measures incorporate appropriate allowance for risk and other relevant economic factors, allows us to evaluate allegations of exploitative pricing within a robust economic framework. |
|