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Case

Sika AG Acquisition of MBCC Group

Analysis Group was retained on behalf of Sika AG, a specialty chemicals company, in connection with its intended acquisition of MBCC, a global supplier of construction chemicals. The proposed merger was reviewed by a number of competition authorities around the world, including the US Department of Justice (DOJ), the Competition Bureau of Canada, the European Commission, the Australian Competition and Consumer Commission, and the UK Competition and Markets Authority (CMA) (through Phase 2).

An Analysis Group team led by Vice President Joshua White supported Sika’s engagement with regulators around the scope and viability of proposed divestiture remedies, including evaluating purchaser suitability for the divestment business and assessing relevant competitive constraints to the merged business in a number of jurisdictions. The team was also tasked with evaluating potential divestiture buyers in Canada. The deal was closed globally, subject to a comprehensive global divestiture remedy.

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Joshua White

Joshua White

Vice President

Mr. 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.

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