THEORY OF HARM | VOLUME OF COMMERCE | OVERCHARGE | PASS-ON
With many years of experience from well over 20 judicial and extrajudicial proceedings, we specialise in the quantification of cartel damages. Working for both plaintiffs and defendants, our case experience includes both typical follow-on and stand-alone proceedings.
Acting as experts before courts or in settlement discussions, we determine the affected volume of commerce, develop and examine theories of harm, evaluate market and cartel factors, determine any cartel-induced overcharges, and the passing on of the damage incurred. Guiding court-appointed experts and rebutting opposing party experts is also part of our routine business.
Through targeted data queries and a structured approach, we seamlessly integrate our work into the regular company processes. We make the transition to legal argumentation seamless, address risks early on and advise on tactical positioning.
RISK EXPOSURE | COMPETITIVE EFFECTS | EFFICIENCIES
For clients accused of antitrust infringements, we develop successful defence strategies and support our clients in communicating with antitrust authorities.
In doing so, we examine actual and possible anti- or pro-competitive effects, as well as the competitive situation in the relevant market. In addition, we identify efficiencies that meet the exemption criteria and present them convincingly to the authorities.
In order to prevent unlawful behaviour from the onset, we evaluate the competitive economic aspects of planned agreements and thereby support the legal risk assessment.
RISK ASSESSMENT | PLAUSIBILITY AND SENSE CHECKS
Litigation entails various risks for all parties involved. For this reason, the parties and potential litigation funders should have as precise an idea as possible of the probability and amount of any damage incurred.
We evaluate initial assessments and court reports of plaintiffs’ party experts and solve possible conflicts of interest as a neutral third party. We critically evaluate the party expert’s approach, point out areas that are vulnerable to attacks and make suggestions for improvements. In addition, we evaluate the traceability and suitability of the econometric methods used and examine the party expert’s theories of harm and their assessment of market and cartel characteristics.
Our third-party opinions minimise the risk of a misjudgement on the part of plaintiffs and their litigation funders at an early stage, thereby aiding their decision-making process, be it for filing a lawsuit or for out-of-court settlements.
PRE-NOTIFICATION | RFIS | MARKET DEFINITION | COMPETITIVE EFFECTS
Our experience includes supporting global mergers with multiple regulatory filings, as well as local mergers and acquisitions limited to one national agency. We work for the filing parties, as well as for third-party interveners.
Even before filing, we support clients in pre-notification assessments, identifying potential competition concerns and proposing solutions. In addition, we support clients at an early stage in collecting relevant data and information for subsequent requests for information from competition authorities.
In constructive communication with the authorities, we address their concerns. We define the relevant market and research its competitive dynamics, which forms the basis of economically plausible theories of harm. We further examine unilateral, coordinated, or conglomerate effects of proposed mergers. We support authorities in surveying market participants and use the knowledge gained to develop effective and targeted remedial measures if necessary.
MARKET DEFINITION | MARKET POWER | COMPETITIVE EFFECTS
We have extensive experience in advising clients in relation to the economic analysis of market power and related abusive behaviour. We advise both dominant companies, whose business practices are subject to certain restrictions, and non-dominant companies, that are suspicious of the potentially abusive behaviour of a third party.
We evaluate whether there is market power and whether a certain behaviour distorts competition from an economic point of view. In doing so, we define the relevant market, analyse market conditions, assess any market power, and examine the potential or actual effects on competition. Additionally, we identify any factual justifications and efficiencies.
To ensure that there is no accusation of an abuse of market power in the first place, we support clients in antitrust-related self-assessments and compliance.