Our report reflects that financial markets are currently undergoing exceptional times. Real government bond yields have fallen to a historically low level in the past couple of years, suggesting that the real expected return from risk-free assets is currently negative. Traditional approaches to estimating the cost of capital may fail to adequately capture the peculiarities of this new market environment. Hence, we assessed whether the ECB’s recent halt of quantitative easing is likely to have a significant effect on the market and analysed whether financial markets expect bond yields to rise again in the near future. Also, we considered evidence that expectations on equity returns may be more stable over time than underlying risk premia, indicating a so-called Total Market Return approach may be preferred over the traditional Equity Risk Premium approach to estimate the cost of equity.

The full report can be downloaded from the Commission for Aviation Regulation’s website.

In der aktuellen Ausgabe der Zeitschrift für Europarecht hat Christian Jaag zusammen mit Luzius Cavelti einen Leitartikel zum Thema «Die Bedeutung der Digitalisierung für das internationale Unternehmenssteuerrecht» publiziert.

Who's Who Legal finds that "at Swiss Economics, Christian Jaag is definitely a brilliant economist to work with according to sources. They note he is the strongest competition economist in Switzerland and enjoys a very good reputation for his work in the field."

To the article.

At the Annual Conference of Mannheim Centre for Competition and Innovation, Michael Funk presented a Swiss Economics research paper on competition economics. He argues that a notional as-efficient competitor, often used in the economic assessment of abuse of dominance cases, can be too efficient to be of relevance in practice. In particular, joint costs, which are required to comply with a Universal Service Obligation, should not be considered sunk when determining the cost structure for other services or else there is a risk of imposing unrealistic efficiency standards on competitors.

To the full conference programme

Swiss Economics, together with SUMICSID and IAEW carried out an efficiency comparison of electricity distribution system operators in the third regulatory period. Analyzed in detail was, among others, the illustration of decentralized generation. The published draft contains all important methodical aspects and documents the results. For the benchmarking, around 200 system operators were compared based on their cost efficiency. The final version will follow after the system operators have had the opportunity to comment on the draft.

To the publication

Screening tools can mitigate the dependency on whistleblowers and leniency applicants and enable the authorities to fight against bid rigging cartels proactively. The Investigation "See Gaster" in Switzerland was triggered by an ex-ante screening method developed by the Swiss Competition Commission. In the session, Yavuz Karagök (ComCo), Frode Steen (Norwegian School of Economics) and Michael Funk (Swiss Economics) discuss the strengths and weaknesses of screening methods with a concrete example.

To the presentation

Swiss Economics has investigated the impact of the sharing economy on public transport together with the University of Lucerne. Based on our discrete choice experiments we conclude that regulations are critical for the expected modal split.

The article discusses a screening method to detect bid rigging cartels. Based on the findings of the authors, the Swiss Competition Commission (COMCO) opened an investigation and sanctioned several firms for bid rigging.

To the published article
To the working paper

Dr. Christian Jaag and Dr. Samuel Rutz have recently been featured in Who's Who Legal 2018.

Christian is listed in Who's Who Legal: Competition as a leading economist. WWL says: «Christian Jaag is a superb competition economist who is regularly called on to advise both public and private-sector clients on strategy, regulation and policy.»In addition, he is listed in Who's Who Legal: Switzerland. WWL writes: «Christian Jaag is widely recognised as «a leading competition economist» and impresses peers with his «highly creative, precise and hands-on approach», as well as his «impressive theoretical and practical skills». Lastly, Christian is listed in Who's Who: Consulting Experts.
To Christian's biography on WWL

Samuel is listed as a future leader in Who's Who Legal: Competition and Who's Who Legal: Consulting Experts.

Abstract: The «more economic approach» was introduced to antitrust to achieve a more effect-based and theoretically grounded enforcement. However, related to predatory pricing it resulted in systematic over- and under-enforcement: Economic theory does not require dominance for predation to be a rational (and harmful) strategy, although an ex-ante dominant firm would often refrain from predation. Hence, within the current legal framework which requires dominance for antitrust to apply, a more effect-based and theoretically grounded antitrust enforcement cannot pursue harmful predation. Therefore, we suggest separating predatory pricing from the exclusionary abuse of a dominant firm, both legally and analytically. Instead, predatory pricing should be analyzed along the same logic as a merger. In particular, we argue that three elements from merger control should be adopted: in the absence of dominance, market share and/or turnover thresholds may serve as a de minimis rule; recoupment should be analyzed similarly to the competitive effect of a merger between the predator and its prey, and a stronger efficiency defence should be established.

To the published article
To the working paper

Swiss Economics is delighted to announce the recently established partnership with French audit and consulting firm OCA. This new collaboration strengthens our capacity to offer multi-jurisdictional and multilingual dispute resolution services.

OCA has successfully assisted its clients during commercial and financial arbitration and litigation across various countries. The firm's technical capabilities in the area of Corporate Finance and Valuation perfectly complement Swiss Economics' skills in Competition Economics and Industrial Organisation. In collaboration with OCA, we are able to offer our clients both, top-down empirical and conceptual economic evidence as well as detailed bottom-up asset valuation, leading to even more robust results.

In addition, the partnership will allow us to ramp up large-scale case teams proficient in German, French, and English and be able to provide our clients with rigorous analysis under tight time constraints.

For more information, please contact Swiss Economics Managing Partner Christian Jaag or OCA Chairman Mikaël Ouaniche.