Tuesday, February 17, 2009
Posted by D. Daniel Sokol
Managing Economic Analysis in Competition Law
March 6-7, 2009
Location: Schloss Gracht
Modern EU competition law focuses on an effects-based analysis. The
handling of empirical evidence and economic arguments and the
incorporation of these into the legal assessment becomes more
important. In order to achieve the best outcome for their clients,
senior legal advisors and counsel need to integrate economic analysis
in a case and make best use of it. This requires an understanding of
what modern economic analysis can deliver and how to interpret its
This one-and-a-half day practice-oriented program is designed for senior EC competition lawyers working in private practice, in-house, or for a competition authority. Rather than trying to turn experienced lawyers into economists, the program aims at improving their use and understanding of economics. Surrounded by peers, participants will be able to share their experience with regard to economic analysis. Senior European economic experts who have shaped the effects-based approach and advised competition lawyers in numerous cases will offer an interactive course meant to strengthen your profile as a competition lawyer.
You are a senior lawyer working on EC competition cases in private practice, for a competition authority, or in-house. Using your extensive understanding of European competition law, you would like to improve your management approach and understanding of economic analysis in competition cases.
- Overview: economic analysis and its role in modern EC competition cases
- Empirical analysis in low and rich data environments: surveys, observed behavior, low- and high-tech techniques
- Trade-off between economic analysis of competitive effects and/or efficiencies
- Use and abuse of conceptual arguments: unilateral vs. coordinated effects, trade-offs, contradictions and commonalities
- Counterfactual analysis in various fields of competition policy
- Scrutinizing economic analysis: Examples of good and bad types of economic analysis in competition policy
This program will provide you with an understanding of economic tools in competition cases. It will enable you to understand what economic analysis can deliver regarding competitive cases and allow you to use economics and economic analysis as a proactive instrument when advising clients and making relevant decisions. By identifying the elements of robust economic analysis, it will help you to distinguish good economic advice from bad. The program will also help you to develop expert knowledge regarding the type of economics that can make a difference in EC competition cases.
Meet the Faculty
Rainer Nitsche (Program Director)
Rainer Nitsche is an expert in providing economic advice in merger and state aid control as well as in competition and litigation cases before the European Commission and national competition authorities. Prior to joining ESMT Competition Analysis, Rainer Nitsche was Vice President in the Competition Practice and Director of the Brussels office of CRA. Before his five years in Brussels he was an economic consultant at Price Waterhouse and Arthur Andersen in London and Berlin.
Hans W. Friederiszick
Hans W. Friederiszick was appointed managing director of ESMT Competition Analysis in October 2006 and a full-time member of the faculty in July 2007. From 2003 to 2006 he was part of the Chief Economist Team of DG COMP. Besides his involvement in merger and antitrust cases, during his stay at the Commission he was one of the main contributors to the development of what is called the refined economic approach in the field of state aid. From 2001 to 2003 he was partner of an economic consultancy. In 2000 Hans was awarded his doctorate within the PhD program “Applied Microeconomics,” offered jointly by the Free University and the Humboldt University Berlin.
Röller took over as President of ESMT on September 1, 2006. Before
joining ESMT, he was the first Chief Competition Economist of the
European Commission. Lars-Hendrik Röller was a professor at INSEAD from
1987 to 1999. In 1994 he became the Director of the research unit
“Competitiveness and Industrial Change” at the Wissenschaftszentrum
Berlin (WZB), Europe’s largest social science research center. In 1995
he was appointed Professor for Industrial Economics at
Humboldt-Universität zu Berlin. His areas of expertise include
competition, strategy and regulation.