Competition Policy and Litigation

Market Analysis has been involved in many of the most high-profile competition policy investigations and disputes before the UK's Office of Fair Trading, the Competition Commission, the Competition Appeal Tribunal and the European Commission. These include the Competition Commission's investigations into the recorded music industry and the supply of films, the Office of Fair Trading's Competition Act investigation into BSkyB's wholesale pricing and distribution practices, the FA Premier League's sale of television broadcasting rights, Wanadoo's margin squeeze complaint against BT in the UK broadband market, and Hutchison 3G's appeals of its SMP designations in the UK and Ireland.

We have also advised on a number of important merger cases, including BSkyB's failed takeover bid for Manchester United, the Airtours merger case before the European Commission, and the Endesa/Iberdrola merger in the Spanish electricity market.

We recently provided expert economic testimony in litigation involving a major petrol retailing company and one of its licensed dealers. By applying state-of-the-art economic analysis to the issues in dispute, we successfully placed the burden of proof on the defendant to demonstrate that its conduct had not been anti-competitive.

Internationally, we advised a consortium of Australian energy companies on the competition policy issues surrounding the dissemination of market information in the Australian National Electricity Market, and have undertaken assignments for the European Commission on the application of state aid rules and the competitiveness of markets for sports broadcasting rights. Market Analysis has recently advised Al Ezz Steel on the law and economics of vertical restraints as they relate to Ezz Steel's vertical distribution arrangements in Egypt, and is currently preparing an economic analysis of the proposed merger between Orange and T-Mobile in the UK's mobile telephony market.