Case
Sika AG Acquisition of MBCC Group
Analysis Group was retained on behalf of Sika AG, a specialty chemicals company, in connection with its intended acquisition of MBCC, a global supplier of construction chemicals. The proposed merger was reviewed by a number of competition authorities around the world, including the US Department of Justice (DOJ), the Competition Bureau of Canada, the European Commission, the Australian Competition and Consumer Commission, and the UK Competition and Markets Authority (CMA) (through Phase 2).
An Analysis Group team led by Managing Principal Joshua White supported Sika’s engagement with regulators around the scope and viability of proposed divestiture remedies, including evaluating purchaser suitability for the divestment business and assessing relevant competitive constraints to the merged business in a number of jurisdictions. The team was also tasked with evaluating potential divestiture buyers in Canada. The deal was closed globally, subject to a comprehensive global divestiture remedy.
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.