Challenge

Dynamic currency conversion (DCC) is a currency exchange service that enables customers to pay in their home currency or in local currency according to their choice. It is offered at ATMs and credit card transactions in shops. The service providers had raised concerns over the card scheme behavior of credit card companies aimed at limiting competition in currency conversion services across several jurisdictions, including in the European Union.

They contacted Alber & Geiger to provide political support with the European Commission’s Directorate General for Competition on their repeated complaints over card schemes’ excessive rules, fees and compliance regimes. Moreover, the companies relied on Alber & Geiger to help them identify political avenues to raise their concerns in the European Union, via regulatory and legislative paths, in parallel to their competition channel.

Strategy

From the outset, we created a strategy that focused on three works streams: political support into the complaint with DG Comp, advocacy with lawmakers and officials to raise awareness of DCC and highlight concerns against credit card schemes, and finally, to build support with merchant, consumer and other sectorial associations that are affected by currency exchange services. 

Results

Our team was able to raise awareness of the situation on currency exchange services, informing officials and politicians on the differences between the model offered by the credit cards, and that offered by the DCC providers, putting the emphasis on the DCC currency exchange service that brings more transparency and consumer choice. Simultaneously, through regular exchanges with lawmakers we have laid the foundation for support for our amendments on the ongoing EU legislation on the cross border payment regulation and the payment service directive. Finally, we managed to shift alliances in support of the issues highlighted by DCC providers.     

Challenge

The EU imposed onerous penalties on our client, the Republic of Bulgaria. €825 million of pre-accession funds were frozen. It was a response to its alleged failure to combat corruption, organized crime and misuse of EU funds. Funds worth up to €7 billion over the next six years were also at risk. The Bulgarian government turned to Alber & Geiger for help.

Strategy

Alber & Geiger’s multi-faceted approach involved sophisticated legal analysis calibrated through a dynamic, institution sensitive communications strategy. It incorporated practical considerations like staff changes in the Bulgarian government as well as larger semantic and structural reasons for misunderstandings.

Results

Alber & Geiger was able to restore trust and confidence between the European Commission and the Bulgarian government. The result was the unfreezing of the €500 million in EU funds and the de-jeopardizing of the rest of the €7 billion.

Challenge

A US Fortune 500 chemical company approached Alber & Geiger seeking regulatory and advocacy support over a European Union proposal that would have classified Titanium Dioxide as a cat.2 suspected carcinogen by inhalation. Such a decision would have affected our client’s revenue and increased risk of similar regulatory measures in the other jurisdictions across the globe.

Strategy

With the experts opinion from the ECHA’s Risk Assessment Committee delivered to the European Commission, our team quickly embarked on a campaign aimed at highlighting the broader ramifications of classification on other EU policies and beyond Titanium Dioxide.

We pursued a strategy that put the spotlight on loss of consumer choice, impact on jobs and EU competitiveness as well as cost to downstream users. Alber & Geiger also broadened the issue to include political considerations and other players. On top of the European Commission, in particular DG Envi and DG Grow and the Member States’ Competent Authorities, we reached out to the Permanent Representations of the Member States as well as select Members of the European Parliament.

Results

Our advocacy helped thwart the original carcinogen classification that would have harmed our client. Through active engagement at the regulatory and political level, we helped find a suitable compromise for our client, which was then mirrored in the European Commission amended proposal.

Instead of outright carcinogen labelling on Titanium Dioxide, the European Commission changed its position by agreeing for classification to apply to Titanium Dioxide in powder form, only on the level of manufacture and without carcinogenicity labelling in the end products.