Case
Meta’s Response to EU Order Re: Data Transfers
On behalf of Meta, an Analysis Group team developed a white paper assessing the possible economic impacts of data transfers between Europe and the US in the wake of the Court of Justice of the European Union’s Schrems II decision. Because the precise implications of the Schrems II decision had yet to be determined at the time of writing, the paper illustrated the importance of extra-EU transfers of personal data by quantifying the potential economic impact that may result if companies in certain sectors could no longer conduct these transfers. Based on the estimates of our team, European businesses and consumers in the telecommunications, digital payments, global services outsourcing, and pharmaceutical R&D industries may incur several billion dollars of additional annual costs, depending on the implications of Schrems II. The case studies of these industries served as examples of the types and magnitudes of the impact of a hypothetical policy that restricts the transfer of personal data to third countries.
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Joshua White
Vice PresidentMr. White is a consulting economist who specializes in applying microeconomics and sophisticated econometric modeling to complex litigation and merger-related questions, primarily in matters involving the health care, financial services, and technology industries. His work across a diverse set of engagements has encompassed simulating consumer demand and switching behavior, analyzing whether intellectual property (IP) licensing rates are FRAND-compliant, and estimating ex ante default probabilities for structured investment vehicles. He also has substantial experience developing innovative technological tools for analyzing datasets for merger and competition analyses.
Mr. White has supported both economic and scientific experts addressing competition and intellectual property (IP) issues in matters related to cutting-edge pharmaceutical products. He has supported clients in various jurisdictions and industries in follow-on cartel damages litigation, assessing overcharge, upstream and downstream pass-on, and volume effects.
Mr. White has worked in a number of international jurisdictions and has served as a testifying expert in the UK’s Upper Tribunal (Lands Chamber) on competition matters related to restrictive land covenants. He has also given evidence and submissions to the UK’s Competition and Markets Authority (CMA) on behalf of clients involved in market investigations and mergers. Mr. White has supported several clients before the European Commission on cartel and merger matters and has provided support to European financial and competition regulators in coordinated conduct investigations. Mr. White has published a number of articles and regularly speaks at international competition law and policy conferences.