Litigation/Damages

Competition, regulatory and commercial disputes are increasingly resolved in the Courts or by specialist tribunals. These require experts with the skills and competence to draft expert reports and present economic analysis and evidence in court often under cross-examination.

Our economists have provided expert reports in contested proceedings in competition, regulation and commercial litigation,  judicial review, and other disputes involving an economic aspect such as contract disputes, insurance claims, international investment treaty obligations, State Aid (public subsidies) and tax appeals.

We have considerable experience quantifying damages and overcharges in antitrust and commercial litigation.  We have acted as  experts in many of the first European antitrust damage actions including Camera Care in the 1980s, Hendry the first UK standalone action, the landmark Crehan decision, the largest collective action claim brought against MasterCard in 2017. and many other cartel damage claims.

Our economists have produced expert reports in litigation in the transport, energy, water, telecommunications, satellite, credit/store cards, property, money transfer, cash transport, and payment services, postal, paint, foam, intellectual property, sports, Internet, tax, air freight, packaging, ports, and movies sectors/industries.

They have appeared as expert witnesses before the English & Wales High Court, Scottish Court of Sessions, Irish High Court, Federal Court of Australia, New Zealand High Court, Den Haag District Court, Finnish Higher Administrative Court, the Lithuanian Administrative Court, Hong Kong Telecommunications (Competition Provisions) Appeal Board, UK Competition Appeal Tribunal (CAT) and Tax Tribunal, and in International Court of Arbitration.

Recent assignments:

Liability actions

  • market definition
  • dominance in sport markets
  • dominance in provision of movies to cable operators
  • market power
  • credit card interchange fees, surcharges and network access rules in judicial review action
  • vertical restrains in financial sector
  • copyright infringements of sport broadcast rights
  • vertical restraints and foreclosure in paint sector
  • effects analysis in airline sector
  • geographic market definition in air freight surcharge case

Damage actions

  • damage calculations in breach of contract litigation
  • damages in fixed communication services markets
  • damage claim against sovereign state under international investment treaty
  • satellite damage claims
  • State aid claim for alleged sovereign guarantee
  • dispute over a natural disaster insurance escalation clause
  • cartel overcharge damage claims – see more on our cartel practice 

 Download our Litigation Economics Practice Brochure

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