Summoning the energy: consumers and competition

If energy consumers say they are happy, and there are several suppliers in the market, then the market is functioning well—right? Not necessarily. Identifying the existence and scope of behavioural biases allows for a better understanding of the drivers of competitive market indicators. How can behavioural economics influence competition in retail energy markets, and how can hypothesised biases be tested? We consider the topic with Australian markets as a case study

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Efficient, abusive, or both? Ways to evaluate unilateral conduct

Efficiency arguments play a role in abuse of dominance investigations, but often only implicitly and at the end of the process. Established quantitative techniques can help to make efficiency analysis more integral in abuse cases. Such techniques are often considered by regulators when concluding regulatory settlements. Can competition authorities use them too?

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Green signal for the Northern rail franchise: assessing mergers in passenger rail

The UK Competition and Markets Authority (CMA) has completed its first in-depth (Phase 2) rail franchise case in over ten years—one of the largest it has ever dealt with. The investigation into the award of the Northern rail franchise to Arriva examined more than 1,000 local overlaps between Arriva’s bus services and Northern’s rail services, and over 150 rail–rail overlaps. Ultimately remedies were required on only three overlaps. What are the main insights?

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Expert evidence: golden tips

Economists are increasingly used as experts in arbitration and court proceedings around the world. But how can tribunals and courts best deal with complex expert evidence, and how can litigating parties use experts most effectively? Sir Bernard Eder of Essex Court Chambers, former High Court judge in the UK, and now an arbitrator and International Judge at the Singapore International Commercial Court (SICC), shares his ‘golden tips’

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