Focus area · ATR

Antitrust exposure in your markets, read from the enforcement record

Competition authorities publish what they punish. We analyse cartel and abuse cases in your sectors and markets, the authorities' current priorities and your own contact points with competitors.

01ATR

Market structure drives exposure

Antitrust fines are calculated on turnover, and private damages claims follow public decisions. Exposure depends on market structure: concentrated sectors, trade associations, joint purchasing, consortia and distribution systems all create contact points.

Authorities differ in their use of leniency, the frequency of dawn raids and their appetite for individual liability. For a multinational footprint, the question is which authority is most likely to look, and at what.

02Frameworks

Legal frameworks we map

We map the regimes that apply to your footprint. Typical anchors:

Art. 101 and 102 TFEU
The EU prohibition of anticompetitive agreements and concerted practices and of the abuse of a dominant position, enforced by the European Commission and national authorities; fines up to 10 % of worldwide group turnover.
Germany: GWB
The cartel prohibition (§ 1), abuse control (§§ 19, 20) and the special regime for large digital companies (§ 19a), enforced by the Bundeskartellamt, with fines against individuals as well.
US Sherman Act
Section 1 on restraints of trade, with criminal cartel enforcement by the DOJ, and section 2 on monopolisation; private treble-damages actions.
UK Competition Act 1998
The Chapter I and Chapter II prohibitions enforced by the CMA, alongside the criminal cartel offence for individuals under the Enterprise Act 2002.
EU Damages Directive
Directive 2014/104/EU on antitrust damages actions, which makes follow-on claims easier across the EU.
Local competition laws
The national regimes of each country in scope, including merger-control rules where relevant to a transaction.

This is a risk analysis, not legal advice. Where a finding raises a legal question, we say so and you take it to counsel.

03Scope

What we look at

EXT

External analysis

Your exposure as the outside world sees it.

  • Authority decisions and fines in your sector, per country
  • Dawn raids, ongoing investigations and sector inquiries
  • Cases at your direct competitors and follow-on damages claims
  • Role of trade associations and market concentration where data is public
  • Enforcement priorities and leniency practice of each authority
INT

Internal analysis (under NDA)

Your exposure as your own data shows it.

  • Contacts with competitors: associations, benchmarking, consortia and joint ventures
  • Distribution systems, pricing guidance and territorial rules
  • Internal antitrust cases and complaints
  • Memberships and their governance
Coverage7 areas × 9 source types

Seven focus areas, mapped against every source we read.

Indicative coverage matrix: seven focus areas against external and internal source types.
Module 1 · External analysisModule 2 · Internal analysis (NDA)
Focus areaLaw & regulationEnforcement recordSector casesCompetitor casesIndicatorsInternal casesBusiness partnersSponsoring, donations, membershipsGifts & hospitality
ABCAnti-bribery & corruptionCore sourceCore sourceCore sourceCore sourceCore sourceCore sourceCore sourceCore sourceCore source
AMLAnti-money launderingCore sourceCore sourceCore sourceCore sourceCore sourceCore sourceCore sourceWhere relevantNot used
ATRAntitrust & competitionCore sourceCore sourceCore sourceCore sourceWhere relevantCore sourceWhere relevantCore sourceWhere relevant
FRDFraudCore sourceCore sourceCore sourceCore sourceWhere relevantCore sourceCore sourceWhere relevantWhere relevant
PRVData privacyCore sourceCore sourceCore sourceCore sourceWhere relevantCore sourceWhere relevantNot usedNot used
EXCExport control & sanctionsCore sourceCore sourceCore sourceCore sourceWhere relevantCore sourceCore sourceNot usedNot used
HRTHuman rightsCore sourceCore sourceCore sourceCore sourceWhere relevantCore sourceCore sourceWhere relevantNot used
Core sourceWhere relevantNot usedIndicative mapping — fixed per engagement in the proposal

Highlighted row: ATR · Antitrust & competition

04Red flags

Typical red flags

  • Regular exchanges of pricing, capacity or customer information via associations or benchmarking
  • Consortia or joint bids with competitors in tenders
  • Resale price recommendations that work like fixed prices
  • Territorial or customer restrictions in distribution agreements
  • A strong position in a niche market combined with rebate or exclusivity schemes
  • Bid patterns such as rotation, cover bids or identical prices
  • Recent dawn raids or decisions in the same sector and market
05Sources

Sources

  • Decisions and press releases of the European Commission, the Bundeskartellamt and national authorities
  • DOJ Antitrust Division and FTC releases and court records
  • Court judgments on fines and damages
  • Authority annual reports and sector inquiries
  • Market-structure data where public: concentration figures are indicative, not a finding

Every finding in the report carries its source and date.

06Sectors

Typically exposed sectors

Exposure tends to be higher in concentrated industrial sectors, in construction tenders, in sectors with strong trade associations, in distribution-heavy consumer markets and in digital markets under special scrutiny.

  • Construction & infrastructure
  • Automotive
  • Chemicals
  • Industrial machinery & engineering
  • Consumer goods & retail
  • Food & agriculture
  • Transport & logistics
  • Shipping & ports
  • Technology & software
  • Pharma & life sciences
  • Semiconductors & electronics

A tendency, not a rating. Your actual exposure depends on business model, customer mix and footprint.

07Deliverable

In your deliverable

  • PDF: an antitrust chapter with legal map, authority priorities, sector and competitor cases, red flags and recommended measures
  • Heatmap row per country × sector with the likelihood × impact rating
  • XLSX: case register (authority, year, companies, conduct, fine, source) and scoring sheet
  • With the internal module: your contact points with competitors set against enforcement patterns
FAQ2 questions

Questions on antitrust

Is this an antitrust audit?

No. An antitrust audit reviews documents and interviews staff about specific conduct. Our analysis shows where exposure sits by country and sector, based on enforcement data and, in the internal module, your structures. It tells you where an audit would be worth doing.

Why do competitor cases matter?

Authorities follow patterns. A cartel decision against peers in your market often leads to further investigations, damages claims and closer scrutiny of the whole sector.

Next step

Know what competition authorities are looking at.

Tell us your markets and sectors. We come back with a scope proposal.