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Competition Damages

 
 

We assist with:

  • Advising Defendants on potential economic risks arising from competition infringements
  • Scoping out potential damages for litigation funders and claimants
  • Expert economic testimony or advice on follow-on or stand-alone cases before national courts and arbitral tribunals
  • Economic advice and quantification of damages for settlement negotiations

CEG is one of the premier consultancies working on competition damages cases brought before national courts and arbitral tribunals, whether on a stand alone cases or as follow on actions from competition regulators cases. CEG has worked on all types of competition damages cases from class and / or collective actions to working for individual claimants and defendants. CEG’s experts have substantial experience of undapplying economics to competition damages cases and have been involved in some of the most influential and complex competition damages cases that have been brought before courts.

We analyse the economic issues that arise in competition damages cases as independent experts. We are typically retained at the start of any damages case and ensure a level of rigour of economic and data analysis that leads to good outcomes whether in court or by settlement between the parties. Our experts have experience of testifying and explaining expert analysis before Courts.

For a competition damages case it is imperative to derive a theory of harm as a basis for subsequent analysis. We identify the affected volume of commerce and employ statistical techniques and software and use our economics to determine the plausibility of an overcharge and apply our extensive econometric toolkit to estimate any overcharge. A similar approach applies to pass-on issues. We apply our economics to the relevant law, ascertaining if a mechanism exists between the cartelised input and consumer prices and, if so, the extent of that pass-on. Interest may also apply to any damage. Our experts can use their economic and financial techniques to determine its value.

 

Representative Engagements

Expert for Sainsbury’s in UK Competition Appeals Tribunal cases against MasterCard and Visa concerning interchange fees. Major competition damages case that has led to damages for Sainsbury’s and major new developments on pass-on and application of interest to damages. Subsequent Court of Appeals and Supreme Court reviews of the case against MasterCard and Visa.

CEG experts are working on trucks proceedings across Europe. Work has included volume of commerce and overcharge estimation.

Written assessment and supporting advice in the successful defense of a confidential German sweets producer against follow-on damages claims before the German courts. Work included economic analysis of alleged effects of information exchange and assessment of causal links between different alleged infringements.

Expert report and supporting advice for American filling station JET v. Bundesverband Deutscher Banken & Others in the context of a damage claim before a German court. Work included economic analysis, determination of affected volumes, estimation of damages and assessment of pass-on.

Expert report and supporting advice for Dyson in the context in the context of appealing the European energy efficiency labelling of vacuum cleaners before the General Court. Work included analysis of effects of energy efficiency labelling on cylinder vacuum cleaner market.

Expert report and supporting advice for a confidential German car manufacturer in the context of follow-on damages claims. Work included economic analysis, determination of affected volumes, estimation of damages, assessment of pass-on and settlement support.

Expert report for defendant Mitsubishi Elevators in the context of a follow-on damages claim before the Dutch civil court. Work included developing a theory of harm and the econometric estimation of the overcharge, and detailed review of claimant information and argumentation.

Expert report for claimant Media-Saturn in the context of a follow-on damages claim before the UK courts. Work included econometric estimation of the overcharge, estimation of the affected volumes, estimation of cartel damages and econometric measurement of pass-on. CEG also assisted in rebutting the defendant’s damages estimation.

Analysis for a German retailer in the context of a follow-on damages claim. Work included econometric estimation of the overcharge, estimation of the affected volumes, estimation of cartel damages and econometric measurement of pass-on. CEG also assisted in rebutting the defendant’s damages estimation. [this was only settlement work, not sure if this is something we can say?].

Critical review of a third party’s expert reports for multiple confidential German drugstore chains in the context of follow-on damages claims before German courts. Work included review of the economic analyses and assessment of the viability of the theories of harm.

Expert report and supporting advice for German wholesale and food specialist METRO v. Nordzucker & Others in the context of a follow-on damages claim before a German court. Work included economic analysis, determination of affected volumes, estimation of damages and assessment of pass-on.

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