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

The Bill Gates backed alternative fuel startup Infinium from California hired Alber & Geiger to shape the EU Renewable Energy Directive and respective EU legislation on road transport, maritime and aviation. The primary aim of our advocacy was to ensure that the entire regulatory and legal framework in the EU provides the necessary financial, market and regulatory support to enable concrete investments in hydrogen based e-fuels factories and the eventual roll out of e-fuels in the coming years in the EU.

Strategy

The lobbying focus was on the greenhouse gas savings provided by hydrogen e-fuels when used as a drop in alternative to standard fuels, and the latter’s contribution to meet the Green Deal goals. Similarly, our team engaged with lawmakers and EU officials to corral backing for specific e-fuels targets in maritime transport and high quotas for e-fuels in aviation. We put the spotlight on the important contribution of e-fuels in sectors that are hard to decarbonize, shaping the criteria to determine renewable hydrogen in the EU.

Results

We were able to garner support for higher e-fuels quotas and shepherd the uptake of e-fuels in key modes of transportation. Alber & Geiger’s effort led to a plenary vote in the European Parliament that supported higher targets for e-fuels. In a politically arena with various alternative fuels competing for incentives, our team was able to obtain clear and strong support for e-fuels, turning Europe into one of the most attractive and important markets for that.

Challenge

The European Commission initiated anti-dumping proceedings concerning imports of polyvinyl alcohol (PVA) originating from China. The investigation on the dumped PVA was worth more than $33 million. Solutia, a U.S. Fortune 500 firm and a Monsanto spin off, was one of the parties concerned by this investigation. Solutia relied heavily on PVA to produce polyvinyl butyral (PVB), a material used in glass, construction and auto industries. With only 5-months’ notice, Solutia sought Alber & Geiger’s help to avoid import duties on PVA.

Strategy

Alber & Geiger produced a narrative that included an understanding of the Chinese economy and the PVA market in China. Our message was strongly embedded in the European Commission’s approach to trade and competition law, while taking into account the global political consensus on Chinese PVA dumping. More concretely, we put forward arguments that the dumping was a natural consequence of China’s macro-economic situation and production pressures.

Our team demonstrated that other market factors had contributed to the EU economic injury. We argued that the European Commission had not shown a causal link between the detriments suffered by the EU market and dumped imports from China. Moreover, our message cast doubt on the way the European Commission had defined the market of PVA in light of the broader range PVA uses.

Results

Alber & Geiger’s lobbying activity led to the European Commission revising its preliminary duties decision on PVA imports. As we had argued, the European Commission concluded that there was no evidence that would link dumping and injury. The tariffs were lifted. Solutia’s profitability and position on the global market remained intact.