Investigations and litigation

We help our clients understand and navigate the complex challenges that arise in competition law investigations, market studies, and market investigations, and from regulatory obligations imposed in regulated sectors. We also provide extensive support on litigation and regulatory appeals, working closely with legal teams to give our clients the best possible prospects for success.

Competition and regulatory authorities around the world are taking an increasingly interventionist approach. This can have severe financial and reputational consequences for the companies they target. The significance of increased enforcement action by competition agencies has been further heightened by the growth of private action claims. The benefits of navigating authority investigations successfully and, where necessary, mounting a successful legal challenge can be very high indeed.

Our competition and regulatory economists are seasoned experts who have undertaken and advised on numerous competition law and regulatory matters in the UK and EU and who also have first-hand experience of appeals including in many of the regulated sectors. We bring extensive experience of enforcement and litigation from both sides of the table, including giving expert economic testimony in various courts and specialist tribunals. We draw on our experience to enable our clients to articulate and evidence their cases effectively to help them achieve the best outcomes.

Flint’s approach

Flint works with companies and their legal advisers to help guide them through all aspects of competition law investigations, market investigations, competition litigation and regulatory appeals.
Understanding competition constraints
Ex ante consideration of behaviours (e.g. around pricing) that might attract competition authority scrutiny.
Assessing economic merits of competition law cases
Assessment of theoretical basis and strength of competition arguments and identification of evidence needed to support or rebut.
Expert economics evidence
Providing expert economists to support throughout the litigation process, including submission of expert economics reports and witness testimony.
Case preparation
Working alongside other advisors to prepare case materials that maximise prospects for success.

Case studies

Independent economics expert in a regulatory appeal
Independent economics expert in a regulatory appeal
In early 2022 Eircom, an Irish telecommunications operator appealed a major regulatory decision by the Irish telecoms regulator, ComReg. The decision imposed a broad range of new price controls on Eircom’s regulated wholesale broadband services.
Its appeal, which was heard in the Irish High Court, was based on several legal and economic grounds, including those related to Eircom’s position in the market, a set of pricing proposals Eircom offered in lieu of ComReg’s modelled prices, and ComReg’s approach to modelling Eircom’s regulated prices.
  • Simon Maunder, a partner in Flint’s Competition and Regulation practice, was appointed by Eircom to act as an independent economics expert for the appeal.
  • Simon submitted three expert reports to the Court covering the full range of complex regulatory economics issues in play in the case.
  • Simon also participated in a joint experts’ process and provided expert oral testimony to the Court, including cross-examination.
  • The Court’s judgement is still pending. However, Simon’s expert reports and oral testimony provided a clear and compelling exposition of the regulatory economics issues underpinning the case.

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Sectors where we can help

Financial Services

Flint helps financial services institutions, from established players to growing fintechs, navigate an ever-more complex regulatory and policy landscape and understand the broader political context in which these events take place.

Energy

Flint supports companies at the heart of the energy transition to navigate the rapidly changing policy and regulatory environment that impacts investment and commercial plans.

Media, entertainment and sport

Flint works with major players in the media, sports and entertainment sectors to provide strategic advice at a time where policy and regulation is seeking to adapt to rapid developments in technology and societal expectations.

Telecommunications

Flint helps telecommunications providers and investors navigate a complex and ever-changing competition, policy and regulatory landscape drawing on our deep sector knowledge and extensive senior level industry experience.

Water

Flint helps companies and investors navigate the UK water sector, and the complex – and evolving – political, policy and regulatory environment in which it operates.

Transport

We help companies, investors, and sector bodies navigate fast-changing and complex transport policy and regulation.

Our experts

Mark Caines

Mark provides expert advice on economic regulation and policy with a particular focus on infrastructure sectors.

Katie Curry

Katie provides expert economic advice on competition and regulatory matters across a wide range of sectors.

Simon Maunder

Simon helps clients manage complex competition, regulatory and policy matters in the UK and beyond.

Mary Starks

Mary advises clients on economic, competition and regulatory issues in the tech, financial services and energy sector.

Stephen Kinsella

Stephen advises clients on anti-trust, regulatory, policy developments and competition matters.

Craig Lonie

Craig supports clients on complex financial and economic matters, in regulation and competition.

Steve Unger

Steve advises clients on complex regulatory and policy developments and supports clients on competition matters.

Let’s discuss

We will be delighted to discuss how Flint could support you and tailor our services to help you deliver commercial success in this area.
Contact our experts
Case Study Title
Challenge
A late change to an incoming prudential regime resulted in a client’s international operations being brought in scope, meaning the client would be required to hold significant additional capital. The client needed support to consider the options and make a decision about how best to mitigate the impact of this.
What Flint Did
Outcome
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