Challenge

Flock, a medium sized entity, with a fledgling web-browser, reached for support in the Microsoft case. Microsoft was using its market presence to tie its web browser, Internet Explorer to its dominant client PC operating system. This led to accusations by the European Commission that it had infringed competition rules. Microsoft reacted by proposing a limit on the access of browsers with a market share higher than 0.5% by means of a ‘ballot screen’. Flock was at risk of being blocked out of the market.

Strategy

The strategy relied on turning technical and soft law instruments into political messages resonating with the European Commission’s language. It outlined that Microsoft’s solution would have amounted to an oligopoly. In doing so, it demonstrate that, by its very essence the ballot screen proposal was contrary to the European Commission’s  goal for open and competitive communications markets. We created a nexus of effective communications and activities that proved to be decisive.

Results

Alber & Geiger was able to keep its client’s innovative business services available to consumers. Microsoft consequently, had to revise its ‘ballot screen’. Its new proposed ballot screen would allow consumers to choose from a number of 12 suggested web browsers. These included Flock and other alternatives.

Challenge

Alber & Geiger was able to bring out the extraterritorial reach of EU human rights. This was against the backdrop of its clients having lost all available domestic remedies. The Former Minister of Economic Development of Azerbaijan and his brother were arrested on the eve of the Azerbaijani election. Initially accused of attempting a putsch, they were ultimately found liable for embezzlement. The European Court of Human Rights had held that the several of their rights had been infringed, especially the right to a fair trial. Nevertheless the Aliyevs remained imprisoned under their disproportionate and potentially wrongful sentences.

Strategy

Alber & Geiger’s strategy utilized the EU-Azerbaijan trade talks to leverage the EU institutional playmakers at opportune moments. Our litigious narrative extracted the EU’s human rights obligations underlying the European Neighborhood Policy (ENP), and demonstrated the innocence of the Aliyev’s.

Simultaneously we drew on the Aliyev’s pro-western views, showing through adversarial fact finding that this underlay their imprisonment. Substantively, we put forward that it was incumbent on the Azerbaijani authorities under these circumstances to show their commitment to the rule of law. In order to benefit from the ENP they had to play by its rules.

Results

Ultimately we secured a complete pardon for both of the Aliyevs. However, the broader reach of this mandate was the raising of awareness regarding human rights issues in Azerbaijan. This put the EU-Azerbaijani relationship on a trajectory of greater trust. The sensitive political dynamics were tackled head on and resolved with expedience.

Challenge

Bulgarian MET Real Estate sought our help vis-à-vis EU state aid and environmental politics. MET planned a development located in an area protected by the EU Nature Directives, having obtained the construction permits through the land swapping laws, common in Bulgaria as in other former Communist countries. Alber & Geiger had to convince the European Commission that there was no illegal state aid in the aftermath of Bulgaria’s EU accession.

Strategy

Our methodology assimilated policy and law into a subtle and meticulously engineered lobbying strategy. It practically depictured to Commission’s experts that a resolution could be found which did not violate state aid law or inhibit Bulgaria’s legitimate development goals.

It used the length and breadth of EU policy fields to put the situation on a macro-European policy context. It relied on the socio-economic dynamics of transition in the Bulgarian property market, and subsumed this framework into consciousness of the European Commission’s policy.

Results

Ultimately we were able to get the Commission, the Bulgarian Government and MET Real Estate, to agree on a settlement that would benefit the internal market and the development needs of the Bulgarian tourism industry. We protected our client from a potentially non-empathetic knee-jerk reaction by the European Commission, which would have had wider implications on the economic health of the region.