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A Guide to the World's Leading Competition Law and Econom Ics

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A Guide to the World's Leading Competition Law and Econom Ics GCR GLOBAL COMPETITION REVIEW EADING COM ’S L PET LD ITI OR ON W L E A H W T A O N T D E E D I C U O G N O A M I C 1 S 4 P T H A R N A N C U T A I L C E E DIT S ION – ED REVISED AND UPDAT ECONOMICS 20 219 Economics 20 With economic analysis now firmly at the heart of almost every antitrust case, the importance of expert economists in proving or challenging harm is no longer in dispute. Below is GCR’s annual ranking of the world’s top 20 firms for antitrust and competition economics – a list that, while generally stable over the past year, remains in flux as top experts move from firm to firm, and in and out of government service. The Economics 20 is GCR’s assessment of the world’s lead- was formed from the merger of Lexecon and Competition ing economic consultancies. Each entrant is measured using Policy Associates in 2008. Behind these two, NERA, Bates several criteria, including size of practice, number of nomina- White and Berkeley stay in third, fourth and fifth places respec- tions to The International Who’s Who of Competition Lawyers & tively in numbers of competition specialists. Economists, reputation and work over the past year. The past year has seen its share of economist moves just Over the past decade or more, the use of economics in like any other. Some have indeed been significant: Oxera hiring competition analysis and enforcement has become increasingly Pascale Déchamps and opening a Berlin office with Michael important. These days, no important merger or investigation Kraus; Bates White snagging Leemore Dafny from the US is without some high-level number crunching from the elite Federal Trade Commission; NERA hiring Frank Maier-Riguad group of firms listed in this survey. Economists were involved from DG Comp; and David Stallibrass and Thibaud Vergé join- in deals such as Olympic/Aegean, Omnicom/Publicis and US/ ing the ranks of Charles River Associates, to name but a few. AA and the investigations of Apple, Samsung, Google, Libor But ultimately, observers say, clients look for established cred- and Visa interchange fees. ibility and reputation at both individual and firm level. “2013 has been a good year for economic consultan- In the world of economics consultancies, success is built on cies,” says Jon Orszag at Compass Lexecon. “More cases are established reputations and long-standing relationships with economics- focused and that trend looks set to continue.” law firms, which will often rely on the same consultancy for a Mergers have been particularly bountiful for economics succession of cases. Law firms typically rely on individuals who agencies in the US, says Orszag, “because the market for merg- have performed well for them in previous cases, and this means ers with antitrust concerns has been more active”. it may take some time for newcomers to establish a profile. Cases such as US/AA and AB InBev/Grupo Modelo illustrate The same 20 firms as 2013 make up GCR’s Economics 20. the high level of scrutiny antitrust enforcers in the US are will- Last year’s newcomers AlixPartners and Berkeley Research ing to go to, which Orszag says is something of an incremental Group have proved themselves right at home among the elite. increase from last year. Alix now has 15 competition specialists, up from nine last year, These days, economic analysis is crucial to major merger while Berkeley has increased from 75 to 79. cases, both for enforcers attempting to articulate how a deal The consultancies range from national-based practices with might harm competition and for companies defending their a handful of experts, to global firms with over 300 specialists proposed transactions, says Cristina Caffarra at Charles River and a range of complementary practices outside competition. Associates International. It has also become the driving force Both international and domestic firms feature on the list – behind remedies that may allow a contentious deal to close. economics is more portable than law, and specialists can advise “Much more economic thinking has been injected into the on transactions taking place on the other side of the globe. assessment of remedies, in an effort to make them more closely Individual talent remains a key part of a firm’s success, and geared to the theory of harm,” Caffarra. “Designing remedies its consultants’ rankings in Who’s Who Legal are an impor- now requires much more economic input.” tant barometer by which to evaluate firms. Here, CRA and What’s more, economics can often be brought to bear early Compass Lexecon are in a league of their own, with 31 and in an investigation as a way to “open up a dialogue with the 30 nominees respectively. They were both helped by mergers agency and raise doubts about whether a case has merit and with other firms, CRA with Navigant and Compass Lexecon should be pursued at all,” Caffarra says. Submitting strong eco- with Princeton Economics. Other firms are impressively repre- nomic analysis early on in a case can show enforcers that the sented, with some – such as Zoltan Biro at Frontier Economics companies are taking the case seriously and intend to fight the and Derek Ridyard RBB Economics – being nominated to every case on substance – something that is difficult for an agency to edition of Who’s Who Legal since it was launched 16 years ago. ignore, she says. While the Economics 20 was stable this year, we have our Many of the major firms in this year’s Economics 20 eye on emerging economics practices at Navigant Consulting have been at the top since our first edition – NERA and RBB and Fingleton Associates, which brought on former Office of Economics remain significant forces; however, CRA and Fair Trading economist Alex Baker last year and appears poised Compass Lexecon tower over their rivals. Compass Lexecon for expansion. www.globalcompetitionreview.com 219 220 ECONOMICS 20 Senior hires, departures and promotions Most competition specialists Consultancy No. of lateral hires Consultancy No. of competition specialists Charles River Associates 9 Compass Lexecon 318 Compass Lexecon 7 Charles River Associates 181 NERA Economic Consulting 6 NERA Economic Consulting 117 AlixPartners 5 Bates White Economic Consulting 91 Berkeley Research Group 79 Consultancy No. of departures Cornerstone Research 73 NERA Economic Consulting 5 RBB Economics 63 Charles River Associates 3 The Brattle Group 52 PricewaterhouseCoopers 3 Frontier Economics 52 PricewaterhouseCoopers 52 Consultancy No. of internal promotions Compass Lexecon 15 The top-five firms retain the same ranks as last year. Compass NERA Economic Consulting 5 Lexecon and Charles River Associates continue to be a class Bates White Economic Consulting 3 apart in terms of size. A group of medium-sized firms, with between 50 and 100 competition economists is beginning to Compass Lexecon, NERA Economic Consulting and Charles emerge beneath them. River Associates had the busiest years in terms of new, high- In general, competition economics firms are flourishing. level personnel. Particularly striking is Compass Lexecon’s 15 Compass Lexecon and Charles River Associates continue to internal promotions, significantly more than any of its com- expand rapidly, in the last year adding an additional 36 and petitors. Together with seven lateral hires, the firm is expand- 51 economists respectively. Things are more settled among ing considerably. the medium-sized players as NERA and Bates White main- Though it tops the table again for departures, NERA tain their size. Below them, however, Cornerstone Research, Economic Consulting has offset these losses with a swathe RBB Economics and the Brattle Group are on the rise; last of internal and external appoints meaning the firm is grow- year their practices numbered 50, 53 and 44 respectively. ing once more. The same is true for Charles River Associates, PricewaterhouseCoopers and Frontier remain steady. which had the most lateral hires – eight – including Kai-Uwe Kühn, former chief economist at DG Comp. Meanwhile, PricewaterhouseCoopers has recently lost Most specialised consultancy three senior figures. It’s been a quieter year at the top level for RBB Economics, which made eight lateral hires and four inter- Consultancy % of competition economists nal promotions last time. This year, it has just one of each. Case Associates 100 E.CA Economics 100 Lear 100 Most Who’s Who Legal nominees RBB Economics 100 Compass Lexecon 81 Consultancy Who’s Who Legal nominees Bates White LLC 73 Charles River Associates 31 Economists Incorporated 61 Compass Lexecon 30 Competition Economics Group 60 RBB Economics 12 AlixPartners 58 NERA Economic Consulting 11 Oxera 48 Bates White Economic Consulting 7 Frontier Economics 6 Four firms in our survey remain entirely focused on competi- Berkeley Research Group 5 tion economics: Case Associates, LEAR, RBB Economics and Competition Economics Group 5 E.CA Economics. Compass Lexecon continue to be a highly Copenhagen Group 5 specialised consultancy, with over 80 per cent of its econo- mists working on competition matters. Some of the largest Once again the firms with the two top spots in this year’s and most prestigious firms in the survey, including NERA and survey in terms of Who’s Who Legal nominees are CRA and CRA, remain out of the list as they combine their antitrust Compass Lexecon. Both firms underwent mergers this year: groups with large practices active outside the field of competi- CRA bought a large portion of Navigant’s economics practice, tion economics. while Compass merged with Princeton Economics, boosting their respective Who’s Who Legal tallies. Elsewhere, NERA lost one nominee this year, dropping down to fourth in our list behind RBB Economics.
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