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Dr. García advises clients on competition, regulation, and restructuring policy in the energy, banking, telecommunications, and food supply industries.

Dr. García, head of the firm’s Madrid office, has more than twelve years of experience advising clients on competition, regulation, and restructuring policy in the energy, banking, telecommunications, and food supply industries. He has presented expert reports to national and international courts and competition authorities concerning merger proceedings, allegations of abuse of market power, price fixing, predatory pricing, and regulatory reforms. Dr. García has also advised North American and European regulators concerning liberalization and the development of competition. Dr. García regularly provides advice on litigation matters, and has supported expert witnesses and assisted attorneys on all phases of case management and strategy. He has provided and ratified expert testimony before Spanish Courts and International Courts and is currently preparing expert testimony in several ICSID, UNCITRAL cases. His recent project experience includes: helping to prepare expert witness reports related to the estimation of damages related to a finding of vertical price squeeze in the Spanish broadband sector; contributing to a damages analysis for Spanish and North American investors in a Latin American country resulting from the national government’s decision to reduce the distribution electricity tariffs; and contributing to a damages analysis related to the expropriation of a waste management facility in Mexico. Prior to moving to Madrid, Dr. García spent five years in Brattle’s Washington, DC office.

Representative Engagements
Competition analysis of the Spanish food supply chain

Expert report and oral testimony on behalf of PROMARCA (the National Brands Spanish Manufacturers’ Association). The study evaluated the impact of private labels on the competitiveness of the Spanish food supply chain. It also analyzed the impact of market concentration and the expansion of private levels on final prices, quality, and innovation.

Expert testimony and report based on damages analysis from a potential breach of contract
Both the expert testimony and the expert report were performed on behalf of AVIVA, a British multinational insurance company in Spain, related to the estimation of economic damages as a result of the potential breach of a contract by BANCAJA (and BANKIA). The potential breach was of the bancassurance exclusive alliance between BANCAJA and AVIVA for the development, marketing, and banking distribution of personal insurance and pension plans through the BANCAJA network.
Analysis of alleged anticompetitive behavior in the telecommunications industry
Expert witness reports on behalf of France Telecom Spain related to an open investigation by the National Competition Authority and linked to a claim from BT Spain that Orange, Telefónica, and Vodafone, had engaged in an unlawful price squeeze in the market for fixed and mobile services for business users.
Tariff analysis on behalf of an electric utility
Expert report on the European Commission’s formal investigation into potential State Aids to distribution companies in Spain in the form of low regulated industrial tariffs for electricity. The analysis was performed on behalf of Endesa, a Spanish utility company, and demonstrated that the European Commission’s concerns were based on a misunderstanding of the tariff methodology employed in Spain.
International litigation for renewables companies
Expert testimony prepared for a group of foreign photovoltaic investors in Spain, under the arbitration rules of the UNCITRAL and in the matter of a dispute arising under the Energy Charter Treaty against the Kingdom of Spain. The claims arose from changes to the Spanish regulatory framework for photovoltaic installations.
Testimony
Expert Testimony in an arbitration matter under the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL) in a dispute arising under the Energy Charter Treaty between a group of fourteen photovoltaic foreign investors claimants against the Kingdom of Spain
September 2012
Expert Testimony, at the Corte de Arbitraje de la Cámara de Comercio de Madrid, in relation to the estimation of damages arising from the potential breach of a contract by BANCAJA (and BANKIA) concerning a bancassurance exclusive alliance between BANCAJA and AVIVA for the development, marketing, and banking distribution of personal insurance and pension plans through the BANCAJA network
July 2012 (ratified)
Expert Testimony at the Audiencia Nacional de Madrid, in relation to an antitrust case arising from the alleged abuse of dominant position by a Spanish utility concerning the competitive role of the distribution client’s database, SIPS, in the Spanish electricity market
January 2011 (ratified)
Expert Testimony at the Juzgado Mercantil de Barcelona, in relation to the estimation of damages arising from the alleged abuse of dominant position by a Spanish utility concerning the competitive role of the distribution client’s database, SIPS, in the Spanish electricity market
October 2010 (ratified)
Publications
Article
Estimación de Daños Derivados de la Existencia de un Cártel: Análisis de las Sentencias Acor y Ebro Foods
2014
José Antonio García and Dr. Juan Delgado
Published in Spain Arbitration Review, Vol. 20, pp. 53-66
Publication
Cambio Climático y Deslocalización
March 21, 2013
Published in Cinco Días
Article
Hechos y Retos de la Energía en España: Algunos Elementos Clave de una Estrategia Energética, «El Sector Energético Español»
February 01, 2013
Published by Papeles de Economía Española, El Sector Energético Español, Volume 134
Article
Cambios Legales en la Cadena Alimentaria
December 19, 2012
José Antonio García and Juan Delgado
Published in El Economista
Article
¿Amenaza de Seguridad de Suministro Eléctrico?
November 16, 2012
Published in Expansión
Article
Un líbor en el Mercado de Gas en Europa?
July 20, 2012
Published in Cinco Días
Report
Competitive Assessment of the Spanish Food Supply Chain
April 06, 2012
José Antonio García and Juan Delgado
Prepared for PROMARCA
Report
Análisis de la Competencia en el Mercado Minorista de Distribución (de Productos Básicos de Gran Consumo) en España
April 06, 2012
José Antonio García and Juan Delgado
Prepared for PROMARCA by The Brattle Group, Ltd
Report
Research Into Gas Flexibility Services: Method Decision Flexibility Services
August 02, 2011
José Antonio García, Dan Harris, and Ilinca Popescu
Prepared for the NMa Energiekamer (NMa)
Presentation
Electricity Markets in the US: A shift in the National Energy Policy
May 11, 2011
Presented at the ICAI, Universidad Pontificia de Comillas
Presentation
Aplicaciones del Análisis Económico de la Competencia: Análisis de Casos
March 11, 2011
Presented at XIV Curso de Derecho de la Competencia Europeo y Español IEB
Article
El Potencial de los Vehículos Eléctricos
January 14, 2010
Published in Cinco Días
Article
Vehículos Eléctricos y la Presidencia de la UE
November 11, 2009
Published in Cinco Días
Report
New Spanish Regime for Solar Photovoltaic Sector
May 2009
Prepared for the UK Trade & Investment
Report
Renewable Power in Spain
April 2008
Prepared for the UK Trade & Investment
Article
International Perspectives on Electricity Market Monitoring and Market Power Mitigation
September 2007
Published in Review of Network Economics
Article
Who Pays, Who Benefits, and Adequate Investment in Natural Gas Infrastructure
2007
Published in Energy Law Journal
Article
Una operación con más beneficios (opinion)
February 23, 2006
Published in Expansión
Article
CTC y reforma electrica
April 12, 2005
Published in Cinco Días
Report
Identification of sensitive sectors in which State aids may have significant distorting effects
2004
José Antonio García and Damien Neven
Prepared for HM Treasury
Report
Cournot Competition with Stranded Costs
2001
Published by CEMFI and Universitat Pompeu Fabra, Working Paper
Report
Stranded Costs: An Overview
2001
Published by CEMFI and Universitat Pompeu Fabra
Report
Spot Market Competition with Stranded Costs in the Spanish Electricity Industry
2000
Published by CEMFI and Universitat Pompeu Fabra, Working Paper
News & Events
May 07, 2017
Brattle Economists Provide Testimony on Behalf of Solar Investors in Spain Resulting in €128 Million Award

Spain has lost the first of the international arbitration claims under the Energy Charter Treaty, arising from the application to thermal solar investors of certain changes to the Spanish regulatory framework for renewable installations. The International Centre for the Settlement of Investment Disputes (ICSID) has rendered an €128 award in favor of the British-based Eiser Infrastructure Limited and its affiliate Energia Solar Luxembourg S.à r.I., which own three 50 MW thermo-solar power plants in Spain, ASTEXOL-2, ASTE 1A, and ASTE 1B.

March 07, 2016
The Brattle Group Featured Among Leading International Arbitration Expert Witness Providers in Survey by Global Arbitration Review

The Brattle Group has been featured in a recent Global Arbitration Review (GAR) analysis of the most active firms for providing expert witness services in the field of international arbitration.

January 27, 2016
Four Brattle Principals Recognized as Leading Arbitration Witnesses by Who’s Who Legal Arbitration 2016: Expert Witnesses Analysis

The Brattle Group is pleased to announce that Principals Carlos Lapuerta, Alexis Maniatis, Stewart Myers, and José Antonio Garcia have been named among the world’s leading arbitration experts in Who’s Who Legal Arbitration 2016: Expert Witnesses Analysis.

November 13, 2014
Brattle Principals Recognized as Leading Arbitration Witnesses by Global Arbitration Review’s Who’s Who Legal

Four Brattle principals have been recognized as among the world’s top international arbitration experts by Global Arbitration Review in their annual survey, Who’s Who Legal: Arbitration.

Personal Interests

Before joining The Brattle Group, José worked for Lexecon, Ltd. in London, Copenhagen Economics in Copenhagen, and NERA in Madrid. During the summer of 2001 he was awarded a visiting research grant at Boston University. José enjoys being active outdoors: playing soccer, scuba diving, and skiing. When he was younger, he played for the professional soccer team U.D. Salamanca in Spain. He is looking forward to practicing his soccer game with his young son, Bruninho (half Brazilian, half Spanish).