Countering anticompetitive practices through regulatory advocacy

A growing tech company discovered that a key intermediary was developing a competing product and negotiating with suppliers to deny critical inputs to the company, putting its market position at risk and threatening its ability to compete effectively.

• Devised an engagement strategy with EU regulators, as the most effective and influential way to address the issue quickly, identifying the key policymakers in Brussels and relevant EU member states.
• Directed EU regulatory attention to the disproportionate power of intermediaries in the market, highlighting the potential for anticompetitive practices.
• Developed response plans in alignment with EU competition doctrine (in collaboration with legal counsel), while considering broader EU policy goals, including consumer welfare, innovation, and market diversity.

Our proactive approach led to EU regulators warning the intermediary against its efforts to negotiate with suppliers and deny inputs to the company. The regulatory inquiries prompted changes in competitor behavior, created opportunities for enforcement actions, and paved the way for future rulemaking in the rapidly evolving tech sector. This intervention not only protected the company’s competitive standing but also contributed to shaping policy discussions around fair competition and market dynamics.