Global Competition Review’s 2022 Antitrust Awards Recognize Analysis Group’s Work on Litigation and Merger Matters
April 26, 2022
Analysis Group is honored to have worked on two matters recognized by Global Competition Review’s (GCR’s) 2022 antitrust awards for “creative, strategic, and innovative work by teams of in-house and external lawyers and economists.”
Epic Games v. Apple Antitrust Litigation
Analysis Group was acknowledged at the GCR awards ceremony for its work on Epic Games v. Apple, which was awarded “Matter of the Year” and “Litigation of the Year – non-cartel defence.” The litigation involved allegations that anti-steering provisions contained in Apple’s App Store policies for developers stifled competition.
For the bench trial, an Analysis Group team led by Managing Principal Samuel Weglein and Vice President Kristof Zetenyi, and including Managers Big Banternghansa, Solvejg Wewel, and Jane Choi, supported academic affiliate Richard Schmalensee, who filed expert reports and testified at deposition and trial on behalf of Apple. Professor Schmalensee opined on issues of market definition, market power, and the economics of two-sided platforms like those identified by the US Supreme Court in Ohio v. American Express. He also rebutted the testimony of Epic’s experts.
Citing Professor Schmalensee’s testimony, Judge Yvonne Gonzalez Rogers of the US District Court for the Northern District of California found that the App Store is a two-sided transaction platform. Further citing Professor Schmalensee’s testimony at multiple points, she rejected all of Epic’s central challenges and validated Apple’s business model. Apple prevailed on all of Epic’s antitrust claims, with Judge Gonzalez Rogers ruling for Epic only on a single count of violating California law as applied to developers’ ability to communicate with consumers.
Veolia/Suez Merger Approval
Analysis Group also provided economic and financial analyses on behalf of Suez in its acquisition by the international environmental services conglomerate Veolia, which GCR recognized as the “Merger Control Matter of the Year – Asia-Pacific, Middle East and Africa.” In particular, an Analysis Group team led by Managing Principal Antoine Chapsal, and including Vice Presidents Emmanuel Frot and Josh White and Managers Giuseppe Buglione and Johanna Posch, worked on submissions to the Australia Competition and Consumer Commission, covering the competitive impact of the merger on landfill disposal in the Sydney region; operation and maintenance of water and wastewater treatment plants and desalination plants across Australia; and commercial and industrial collections in a number of local markets. The team also assessed the competitive impact of the merger on the Moroccan energy and water services markets.
Additionally, a separate Analysis Group team, led by Dr. Chapsal, Dr. Frot, and Manager Lucien Frys, supported Suez in the European Commission’s (EC’s) merger review. Analysis Group collected data on all affected markets in the European Union and prepared economic analyses, including a detailed bidding data analysis and market share estimation. The team also assessed the impact of the merger on innovation incentives by analyzing a very large set of patents and estimating the closeness of innovation processes between the parties. The EC approved the merger, dependent on the divestiture of certain French assets.