How to Choose an Antitrust Economist for EU Merger Analysis: 7 Questions to Ask

Choosing the right competition economist can decide the outcome of a merger review, especially for complex markets like digital platforms or multi-sided services. Below is a concise guide for in-house counsel, transaction teams, and outside lawyers to screen candidates and get a focused engagement.

When you need a dedicated competition economist

Merger teams typically need an economist when:

• The transaction raises unilateral or coordinated effects concerns,
• Market definition or competitive constraints are disputed,
• There is substantial evidence based on pricing, diversion patterns, or internal documents,
• Regulatory agencies show interest in economic modelling or counterfactual simulations.

Selecting someone with direct merger experience reduces risk and shortens review timelines.

Seven practical questions to ask every candidate

1. Do you have direct EU or UK merger control experience?

• Ask for case names or redacted summaries, timelines, and whether the economist testified before a regulator.

1. Have you worked on this sector or market type?

• Platforms, telecoms, retail, and pharmaceuticals present different data and modelling needs.

1. What role would you play: advisory, report author, or witness?

• Clarify whether they will prepare a rebuttal, draft a formal expert report, or give oral testimony.

1. What methods and models do you typically use?

• Look for familiarity with diversion ratios, merger simulation, demand estimation, and screening analyses.

1. What data will you need and can you work with common datasets?

• Prices, volumes, product-level data, customer panels, and internal documents are typical inputs.

1. Can you meet regulatory deadlines and do you have conflicts?

• Timeliness and availability during phases like remedy discussions matter.

1. What is your pricing model and delivery timeline?

• Fixed fees for discrete phases or hourly estimates for discovery work help budgeting.

What a clear scope of work should include

A concise statement of work speeds procurement. Include:

• Objectives and questions to be answered,
• Deliverables and format (report length, appendices, testimony),
• Timeline with key milestones,
• Data access and confidentiality terms,
• Fee structure and approval triggers for extra work.

How to get a strong, fast quote

Prepare a short issues memo for the economist with a deal summary, competitive concerns, key documents, and target deadlines. Arrange a 30 minute call to align expectations and request a phased proposal: initial review, model development, report drafting, and depositions. This reduces uncertainty, lowers cost, and improves odds of a persuasive submission to regulators.

If you want a template of questions to send candidates or a sample scope of work, I can provide one tailored to your sector and jurisdiction.