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Konstantin Ebinger is an economist with more than 10 years of consulting experience in competition and antitrust matters in Europe and the United States.

Konstantin Ebinger is a principal and leads the Brussels office of Brattle. He is a competition economist with more than ten years of experience in advising clients and providing expert testimony on competition issues. Konstantin has advised on a large number of merger, abuse of dominance and collusion cases before the European Commission and national competition authorities and courts.

Konstantin has a wide range of experience in all types of competition cases. In particular, he has advised on many of the large cartel cases and resulting follow-on litigation of the past decade, specializing in the quantification of damages. His experience in cartels and collusive conduct, both for claimants and defendants, covers many sectors (for example automotive, financial products, pharmaceuticals, consumer goods, industrial goods, infrastructure, amongst others) and jurisdictions. Konstantin has also advised on a number of transactions notified at the European Commission and national competition authorities (e.g. in telecoms and the sharing economy). Furthermore, he has provided economic evidence on a number of abuse of dominance cases before the European Commission (e.g. specialized medical devices) and the Bundeskartellamt (e.g. retail gasoline).

Before joining The Brattle Group, Konstantin was the head of the German competition office of a large economic consultancy, which he established after moving from their London office. He started his consulting career in Berlin, during which time he also gained practical experience on U.S. casework due to his secondment to an affiliated consultancy in Washington D.C. He has also had the chance to experience the inner workings of a regulator during his time working for the Chief Economist of the Competition Authority of the Netherlands (ACM, formerly NMa).

Konstantin is fluent in German and English.

Representative Engagements
Multiple Automotive Cartel Damage Litigation Cases

Throughout his career, Mr. Ebinger has advised a large number of clients in follow-on damage cases, many of which resulted from cartel infringement decisions in the automotive industry. The cases, arising from decisions made by both the European Commission and national competition authorities, are oftentimes litigated in German courts, but also require expert testimony in national courts of other Member States. Amongst others, he has advised damage litigation cases in the automotive sector on acoustic insulation, ball bearings, carglass, parking heaters and trucks.

Deutsche Bahn Cartel Damage Litigation

Alongside a broader team of economic advisors, Mr. Ebinger assisted Deutsche Bahn in their damage claims resulting from the railway tracks cartel in Germany. Due to the various public stakeholders of Deutsche Bahn and the immense amounts of data on track purchases over the long period affected by the infringement (2001-2011), the quantification of damages and allocation of affected commerce entailed significant data handling and management efforts as well as complex economic and econometric analyses.

Joint Venture DriveNow/car2go

BMW and Daimler created a broad joint venture for mobility services including the two largest free-floating car sharing providers in Germany, DriveNow (BMW) and car2go (Daimler). The JV was notified at the European Commission and the Federal Trade Commission. In a team lead by Brattle Academic Advisor Prof. Kühn, Mr. Ebinger advised the parties during the proceedings in both jurisdictions. The JV was approved in Phase 1 by the European Commission and after a “quick look” (after the second request) by the FTC.

Mergers in Fixed Cable Networks and Services

Mr. Ebinger, before joining Brattle, advised Liberty Global in their acquisition of Ziggo, both mainly active in the provision of fixed cable networks and services to customers, with non-overlapping networks in the Netherlands. The European Commission approved the merger subject to conditions, a decision overturned by the General Court, but later reconfirmed after further review by the Commission. In a similar line of work, he advised Unity Media in its acquisition of KabelBW, notified to the Federal Cartel Office of Germany (Bundeskartellamt). The transaction was ultimately approved.

Publications
Article
Die steigende Bedeutung des Pass-On bei Schadensersatzforderungen aus Kartellfällen
October 2015
Konstantin Ebinger and Roman Fischer
Published in Kölner Schrift zum Wirtschaftsrecht - Volume 6, Issue 4
News & Events
February 26, 2019
Pinar Bagci and Konstantin Ebinger to Speak at Private Enforcement of Competition Law Conference

Brattle Principals Pinar Bagci and Konstantin Ebinger will speak at the KNect365 Private Enforcement of Competition Law Conference, to be held February 26 in Brussels, Belgium.

February 15, 2019
Global Competition Review Interviews Brattle Principals on Expansion into Brussels

Brattle Principals Konstantin Ebinger, Eliana Garcés, and Pinar Bagci and Brattle Academic Advisor Kai-Uwe Kühn were interviewed by the Global Competition Review (GCR) on the new Brattle office that recently opened in Brussels. 

February 06, 2019
The Brattle Group Deepens Its Global Platform with Major Launch in Brussels

The Brattle Group announced today that it is expanding its global and European economic consulting platform with a launch in Brussels that brings together several top EU economists.

November 17, 2017
Konstantin Ebinger to Speak at GCR Live in Düsseldorf

Konstantin Ebinger will speak at Global Competition Review's (GCR) 2nd Annual Düsseldorf on November 16, 2017 in Düsseldorf, Germany. This annual event brings together leading practitioners from across the country to discuss antitrust and competition matters.