Microeconomix advises companies and their lawyers throughout the investigations on alleged abuse of dominant position. The economic analysis of the alleged practices helps to prepare effectively the defence in former article 82 (102 TFEU) cases. Combining economic theoretical models with facts finding and data analysis allows constructing rigorous reasoning supporting legal strategies. We offer practical and professional advice in a non-technical manner understandable to a non-economic audience.

Microeconomix has key experience in assessing dominance whether it is individual or collective dominance. Our analyses are based on state-of-the-art economic analysis, detailed market research and/or econometric modeling. The combination of these economic tools allows defining rigorously the relevant geographic and product market, analyzing entry barriers or barriers to expansion as well as countervailing buyer power.

The European Commission's recent Guidance paper on the application of Article 102 TFEU places economic analysis centre-stage in the assessment of abuse cases. We apply sound economic reasoning to investigate the potential anticompetitive effects of business practices such as refusal to deal, excessive pricing, exclusive contracts, discrimination, predatory pricing, fidelity rebates, bundling and tying. Following these guidelines, we help our clients and their antitrust lawyers in answering questions arising in article 102 cases such as:

• Could a particular pricing practice be viewed as exploitative?
• Is a particular business practice likely to foreclose competitors or otherwise harm competition?
• Will consumers likely face higher prices or lower quality supplies as a result of a particular business practice?
• Will a particular business practice distort innovation?
• Is there a legitimate justification for the company's behavior?
• Do the efficiencies brought about by the conduct outweigh any anticompetitive effects?

Microeconomix has a large experience to provide a wide base of expertise to article 102 TFEU litigations. We have advised clients in many industries, including telecommunications, transport, high-tech, food and pharmaceuticals.

Examples of our work include:

• 2009 - Microeconomix advised France Télécom in the litigation related to the alleged excessive pricing of the optical fiber submarine communications cable SAFE.
• 2009 - Microeconomix advised EDF in the long-term contracts litigation before European Commission. Microeconomix testified in front of the case team.
• 2008-2009 - Microeconomix advised Orange France in its appeal against the decision of French Conseil de la concurrence to adopt conservative measures by ordering Apple to cancel its exclusive iPhone distribution agreement with France Télécom and Orange (Decision No.08-MC-01 of 17 Dec 2008).
• 2008 - Microeconomix advised Total France in the investigation of the French Conseil de la concurrence (Decision No.08-D-27 of 20 Nov 2008).
• 2006-2008 - Microeconomix advised GlaxoSmithKline in the predatory pricing litigation before the French Conseil de la concurrence and later the Court of Appeal (Decision No.07-D-09 of 14 Mar 2007).
• 2007 - Microeconomix advised Eurostar in the predatory pricing litigation before the French Conseil de la concurrence (Decision No.07-D-39 of 23 Nov 2007).