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Kai-Uwe Kühn

Academic Advisor
University of East Anglia

Kai-Uwe Kühn is a Professor of Economics at the University of East Anglia who has advised on all aspects of competition matters for 25 years. He has served as the Chief Economist of DG Competition, European Commission.

Kai-Uwe Kühn is a Professor of Economics and Deputy Director of the Centre for Competition Policy at the University of East Anglia. He holds visiting appointments at the Düsseldorf Institute for Competition Economics (DICE) and Georgetown University. From May 2011 to August 2013, Prof. Kühn was Chief Economist at DG Competition, European Commission. He has advised competition authorities and private firms on competition policy as well as merger, state aid, and antitrust cases for 25 years.

His consultancy work has covered the whole range of competition matters from policy issues (e.g. the Commission Notice on Market Definition (1997), the 1997 Green paper on Vertical Restraints, the 2010 Vertical Guidelines) to mergers (e.g. GE/Honeywell merger (2001) including the court appeal), and antitrust matters (e.g. the Microsoft I on server interoperability). Most recently he acted as an expert in a large number of cartel damages cases, advised on complex antitrust cases (e.g. hotel bookings and another MFN case, radius clauses, and novel forms of exploitative abuses such as privacy and other contractual terms), as well as large number of merger cases in different jurisdictions. During his time as Chief Economist, he advised the Competition Commissioner on all competition cases and policy initiatives (in particular State Aid Modernization) and led the economic analysis on many large mergers (e.g. Deutsche Börse/NYSE, UPS/TNT, Univeral/EMI, H3G/Orange Austria, Western Digital/Hitachi, Outokumpu/Inoxum) and antitrust cases (e.g. Google, e-books, and the Standard Essential Patent cases), often in close cooperation with counterparts at the US agencies.

Prof. Kühn spent most of his academic career as a tenured Associate Professor of Economics at the University of Michigan. His research includes theoretical, experimental, and empirical industrial organization covering a wide range of topics including durable goods, vertical integration, vertical restraints, market foreclosure, the impact of credit constraints on market behaviour, as well as collusion and the coordinated effects of mergers. It has been published in leading journals like the Journal of Political Economy, the Rand Journal of Economics, the American Economic Journal: Microeconomics, and the Journal of the European Economic Association. He has been the co-editor of the Journal of Industrial Economics.

Representative Engagements
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. Prof. Kühn advised the parties during the proceedings in both jurisdictions. The JV was approved in Phase 1 by the European Commission and a short look second request review by the FTC.

Deutsche Börse/London Stock Exchange

In the highly complex and controversial transaction between Deutsche Börse and London Stock Exchange, being the largest national stock exchanges of Germany and the United Kingdom, Prof. Kühn acted on behalf of an intervener to show that the merger between the parties would lead to anticompetitive effects in the settlement market. In a thorough Phase 2 review by the European Commission, the transaction was found to be incompatible with the internal market and therefore blocked.

HRS hotel booking

In the proceedings by the Bundeskartellamt revolving around the so-called most-favored-nation clauses (“MFN’s”) of hotel booking provider HRS, Prof. Kühn acted as economic expert for HRS in its court appeal against the decision of the German Federal Cartel Office.

Trucks cartel

Professor Kühn advises a large client in the ongoing follow-on damage claims arising from the European Commission’s decision in Trucks (AT.39.824).

Publications
News & Events
September 11, 2019
James Keyte, Pinar Bagci, and Kai-Uwe Kühn to Speak at Fordham Competition Law Institute Workshop and Conference

Brattle Director of Global Development James Keyte, Principal Pinar Bagci, and Academic Advisor Kai-Uwe Kühn will speak at the 46th Fordham University Competition Law Institute Workshop and Conference, to be held September 11–13 in New York.

September 05, 2019
Brattle to Partner with Concurrences Review and Allen & Overy for Workshop on Competition in Germany

Brattle Academic Advisor Dr. Kai-Uwe Kühn will join a Düsseldorf Law & Economics workshop on “Private Enforcement in German Courts,” which will be held on September 5 in Düsseldorf, Germany. 

August 06, 2019
Who's Who Legal Recognizes Brattle Economists as Leading Consulting Experts

Who’s Who Legal has recognized 13 Brattle economists as leading economic consulting experts in the global guides for Competition Economists, Construction – Quantum & Delay, Data and E-Discovery, and Financial Advisory and Valuation – Quantum of Damages.

February 25, 2019
Global Competition Review Recognizes The Brattle Group as One of the World's Top Firms for Competition Economics

For the 12th consecutive year, Global Competition Review (GCR) has recognized The Brattle Group as one of the world’s top firms for competition economics.

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.