Company valuation in post-M&A disputes—the Mahtani v Atlas Mara ruling
Post-merger and acquisition (‘post-M&A’) disputes can take many different forms, such as breach of representations and warranties, fraud and misrepresentation claims, and post-completion breach of contractual obligations. This article discusses the valuation issues in a post-completion breach case based on the ruling handed down by the Hon Mr Justice Butcher… Read More
Boosting growth, competitiveness and productivity in the EU and UK
Low economic growth is a current challenge for most major European economies, especially given the new fiscal burden of increased defence spending. Funding social challenges—such as climate change, the digital transition and European security—requires either some parts of society to be worse off, or that economies generate new sources of… Read More
Ctrl+Alt+Unemployed? The economics of AI at work
As AI continues to reshape industries and redefine the nature of work, its impact on labour markets is a topic of growing debate and concern. With AI’s rapid advancements, we are entering an era of both unprecedented opportunities and challenges. Should we fear widespread job displacement, or welcome AI’s ability… Read More
Allocation of indirect costs
There is no right or wrong way to allocate indirect costs, only good or bad ways of supporting policy objectives, either of the company itself or an industry regulator or competition authority. This article reviews the many allocation options, before proposing a process for selecting the most promising option… Read More
Grey or Green Giants? Sustainability and (Exclusionary Abuse of) Dominance under Article 102 TFEU
The intersection of sustainability and competition law has gained increasing attention in recent years—particularly in the context of agreements, as evidenced by the new Horizontal Co-operation Guidelines from the European Commission,1 but also in discussions around merger control.2 However, one area remains underexplored: the role of… Read More
Podcasts
Collective actions: are consumers reaping the benefits?
When companies engage in price fixing, abuse their market dominance, or form illegal cartels, consumers and businesses can suffer but since 2015 in the UK and 2020 across the EU, collective actions are challenging these anti-competitive practices and are seeking compensation. Many of us may even be members of a… Read More
Should the UK’s digital regulator play in the sandbox?
Governments of developed countries around the world are looking for ways to stimulate economic growth. Common approaches are to look to either reduce regulatory blockers to innovation or intervene in markets to make them more competitive. Digital markets have been one of the fastest growing sectors of the global economy,… Read More
Blending incremental costing in activity-based costing systems
Allocating cost fairly across different parts of a business is a common requirement for regulatory purposes or to comply with competition law on price-setting. One popular approach to cost allocation, used in many sectors, is activity-based costing (ABC), a method that identifies the causes of cost and allocates accordingly. However,… Read More
The European growth problem and what to do about it
European growth is insufficient to improve lives in the ways that citizens would like. We use the UK as a case study to assess the scale of the growth problem, underlying causes, official responses and what else might be done to improve the situation. We suggest that capital market… Read More
How can and should economic regulation contribute to growth?
Will reducing or changing economic regulation kickstart our economy? As policymakers across Europe seek ways to boost economic performance, the role of regulation is under the spotlight. Should economic regulators actively promote growth, or does their core purpose lie elsewhere? In the UK, recent government pressure on regulators to support… Read More