Introduction to Hypothetical Case Study: The Medonian Beer Merger

By

Dr. Kenneth L. Danger

Presented at the OECD-Korea Regional Centre for Competition

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Why Are Hypothetical Cases Important?

A hypothetical case is not meant to represent a case you are likely to face.

Hypothetical cases do however use a basic procedural structure and are used as a vehicle for conveying best practices

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What Are The Benefits?

Senior competition officials need to be able to direct their staff members to develop cases in as useful and efficient a way as possible

Case handlers and investigators may learn new ideas on how to proceed with an investigation and how to communicate with outside parties and managers inside the authority

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What Is This Case About?

The case involves the merger of two beverage manufacturers in a fictional country called Medonia.

The case packet is not meant to provide a simple review of the case but rather to provide the sorts of idiosyncratic information that might be faced in a real case. You should have received by now Back ground information from competition authority Relevant law Role assignment if you have one and biography

Like a real case you will see and hear a variety of facts and views that are not all consistent with each other.

The challenge is distinguish the real key elements of a case from the other pieces of evidence.

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How Will The Case Work?

During the case we will frequently stop for discussion and, at times, break up into smaller groups.

Small groups will be formed for Interviews Information requestsOral arguments at the hearing

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Role Playing

One part of hypothetical case will involve participants playing roles as if this was a genuine transaction The merging parities will have executive and legal advisors just

as in real life One group will defend the merger For the most part, everyone will represent an official from the

competition authority If you play a role (say of a competitor) you only play that role

when called upon. At all other times you play the role of a competition official

Persons playing roles on defence team will play those roles at the beginning and at the end (during the hearing)

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Assignment of Roles

Assigning roles is difficult! I don’t know most of you so the assignment was random.

Thus, senior officials may find themselves playing smaller roles and a staff official might find themselves playing a senior role.

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Actual Role Assignments

Competitors

Hans Borkmen –

Teck Hong Lim

Customers

Valerie Stenovo –

Hema Ramnani

Bresta Clegg –

Lan Tran

Wolfgang Klimehoffer –

Shan Jiang

Klass Frank –

Ricky Shum

Defence Team

Margo Mickel –

Chang Bin Wang

Dardon Jacobson –

David Jones

Sara Morgan –

Markus Pohan

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At The End

We would appreciate your feedback as to how the hypothetical worked and how we could make it better. Your feedback will make this a better case for future groups.