Abuse of dominance and prohibited practices
We offer expert economic analysis, advice and testimony in cases related to anti-competitive conduct. This includes investigations into cartel conduct, vertical agreements and abuse of dominance allegations such as excessive pricing, refusal to supply, exclusive supply and distribution arrangements, predatory pricing, bundling and tying, and price discrimination. We also provide advice in designing and responding to market inquiries in sectors such as banking, supermarkets and healthcare. Our regulatory accounting expertise is key for assessment of excessive pricing, predatory pricing and margin-squeeze cases, among others.
Merger analysis and public interest
We provide expert economic analysis, advice and testimony relating to mergers at the various stages of approval by competition authorities. This can be offered within the context of assisting with merger filings or in opposition to mergers. This economic analysis includes market definition as well as the assessment of the competitive effects, efficiencies and public interest effects associated with the transaction. We routinely work with private companies (merging parties and interveners), the competition authorities as well as other parties such as government departments, statutory organisations and trade unions.
The Genesis team has extensive experience in providing testimony as independent expert witnesses in hearings at the competition courts and tribunals that routinely stands up to scrutiny. Expert testimony is also provided in arbitration and High Court proceedings and regulation.
We conduct confidential assessments of the compliance of business practices with competition legislation and the risks faced as a consequence of possible anti-competitive conduct. We also advise on the redesign of business practices that satisfies client business objectives while complying with competition law. Business practices typically examined here include pricing and rebate structures, exclusivity arrangements and information sharing between competitors (for example through industry associations). We also routinely conduct market definition assessments for firms to assist in determining whether they would be likely to be subject to provisions of competition legislation applicable to dominant firms.