Lear, together with Analysis Mason, assisted one of the major fixed telecom operator in the Slovenian market by evaluating the potential exclusionary effects of a proposed discount wholesale scheme. The analysis was mainly aimed at assessing whether the discount could alter competition in the retail market by discriminating retail operators’ access to the scheme.
Lear assisted one of the biggest non-food consumer products manufacturer in assessing the potential effects on competition of a programme of conditional multi-product discounts to mass-market retailers for personal care products. Lear’s analyses followed closely the EU Guidance for the assessment of exclusionary conduct with regard to the conditional and multi-product rebates in a product market where the undertaking is dominant (e.g. using the As Efficient Competitor test); Lear provided also an evaluation of the possible effects of tying in adjacent markets.
The Italian Competition Authority started an investigation into Enel to ascertain whether certain practices by Enel could distort the competitive dynamics resulting from the full liberalisation of the market. Enel, as the only vertically integrated operator, allegedly leveraged on its upstream operations to foreclose competitors from the downstream market. Lear developed an analysis aimed at showing that the conducts investigated by the Italian Competition Authority did not amount to an abuse.
The Italian Competition Authority launched an investigation into SIAE (the Italian collective rights management organization), claiming that it lacks transparency in the collection of royalties and discriminates among users, abusing its dominant position. Lear supported SIAE by providing economic arguments in favour of SIAE’s legal monopoly and showing the inefficiencies that would be brought about by a departure from the current model.
Lear assisted Moby and CIN, which is fully owned by Moby, in proceedings before the Italian Competition Authority. The Italian Competition Authority claimed that Moby/CIN was abusing its dominant position in the market for maritime freight transport to and from Sardinia, with the aim of foreclosing rivals. Lear’s analysis highlighted the weaknesses of the Italian Competition Authority approach to define the relevant product and geographic market and showed that there was no evidence of a foreclosing practice by Moby/CIN.
Lear assisted a wholesale operator in the market of FTTH (Fiber To The Home) network, in proceedings before the Italian Competition Authority. The Italian Competition Authority is investigating whether TIM abused its dominant position in the ultrabroadband market. Lear’s analysis evaluated the potential anticompetitive effects arising from TIM’s conduct.
The Italian Competition Authority launched an investigation into NUOVOIMAIE, a collecting society dealing with the performer’s neighbouring rights, to verify whether it had infringed Art. 102 TFUE by hindering entry of potential competitors. Lear helped NUOVOIMAIE design effective remedies to alleviate the anticompetitive concerns raised by the Italian Competition Authority.
In particular, Lear carried out a cost analysis to identify a fair and reasonable fee for competitors to access the updated database on performers, editors and artists’ rights. The Italian Competition Authority accepted the remedies proposed by NUOVOIMAIE.
Lear advised Vodafone in proceedings before the Italian Competition Authority. The concern of the Italian Competition Authority was that the company was abusing its dominant position in the market for SMS termination to foreclose competitors in the downstream market for the provision of bulk SMS. Lear’s analysis pointed out that the assessment of the Italian Competition Authority was not able to prove the ability of Vodafone to foreclose rivals and criticized the test of the “as-efficient competitor” used to evaluate the replicability of the retail offers made by Vodafone.
Lear advised Poste Italiane, the incumbent in the market for postal services in Italy, in proceedings before the Italian Competition Authority. The concern of the Italian Competition Authority was that Poste Italiane has abused its dominant position in the market, with the aim of foreclosing rivals. Lear’s economists assisted Poste Italiane in devising appropriate remedies, developing analyses to show that there is no essential facility in the market and that prices set by Poste Italiane might be replicated by an equally efficient competitor.
Lear assisted two major Italian firms that have been accused by the Italian Competition Authority (ICA) of abusing their dominant position in the market for the production and sale of cholic acid (constructive refusal to deal). Continue reading Alleged abuse of dominance in the market for the production and sale of cholic acid