Case
Meta’s Response to EU Order Re: Data Transfers
On behalf of Meta, an Analysis Group team developed a white paper assessing the possible economic impacts of data transfers between Europe and the US in the wake of the Court of Justice of the European Union’s Schrems II decision. Because the precise implications of the Schrems II decision had yet to be determined at the time of writing, the paper illustrated the importance of extra-EU transfers of personal data by quantifying the potential economic impact that may result if companies in certain sectors could no longer conduct these transfers. Based on the estimates of our team, European businesses and consumers in the telecommunications, digital payments, global services outsourcing, and pharmaceutical R&D industries may incur several billion dollars of additional annual costs, depending on the implications of Schrems II. The case studies of these industries served as examples of the types and magnitudes of the impact of a hypothetical policy that restricts the transfer of personal data to third countries.
Associated People
Joshua White
Managing PrincipalMr White is a consulting and testifying economist who specialises in applying microeconomics and sophisticated econometric modelling to complex litigation and merger-related questions, primarily in matters involving the health care, financial services and technology industries. He has supported clients in various jurisdictions and industries in follow-on competition damages litigation, assessing overcharge, upstream and downstream pass-on and volume effects. He has served as a testifying expert in the UK Upper Tribunal (Lands Chamber), the UK Competition Appeal Tribunal and the Amsterdam District Court on competition cases.
Mr White has supported high-profile companies with complex merger reviews across multiple jurisdictions, including in the Veolia/Suez, LVMH/Tiffany, Sika/MBCC and Eutelsat/OneWeb mergers. He has also provided evidence to the UK’s Competition and Markets Authority (CMA) and the European Commission (EC), including on behalf of clients involved in cartel investigations, abuse of dominance investigations and mergers. Mr White has also provided support to European financial and competition regulators in coordinated conduct investigations.
Mr White has extensive experience addressing competition and intellectual property (IP) issues in matters related to cutting-edge pharmaceutical products and FRAND licensing questions. As part of this work, he has supported a number of scientific and technical experts in front of courts and regulatory bodies. He also regularly supports pharmaceutical clients on competition issues around market access, pricing, denigration and competition from generic manufacturers.
Mr White has worked in a number of jurisdictions, including the UK, the European Union, Switzerland, Australia, New Zealand, South Africa, Canada, Japan, Korea, the Netherlands, Belgium and the US. His writing has been published in an array of journals, including the Journal of European Competition Law & Practice, the Competition Law Journal and the Journal of Antitrust Enforcement, and he regularly speaks at international competition law and policy conferences.