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CASE ASSOCIATES

Practice Areas

We Are Expert At

Antitrust

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Economics plays a prominent role in competition law. The definition of the relevant market, the choice of counterfactuals, and determining the effects of alleged antitrust infringements increasingly require rigorous economic and quantitative analysis.

Experience has shown that even apparently straightforward competition problems require the considerations of conflicting theories and justifications, and complex factual circumstances which require systematic and rigorous analysis.

We use economic and empirical techniques to address critical issues and marshal evidence to define relevant markets, analyse allegations of abuse of dominance and anti-competitive practices, and to provide evidence of the likely effects of any alleged anti-competitive conduct.

Our economists have undertaken work in all the major areas of European antitrust – abuse of dominance, anti-competitive practices and agreements, and market studies. We have considerable experience of national competition laws within Europe and the AsiaPacific region.

Antitrust

_____________

Economics plays a prominent role in competition law. The definition of the relevant market, the choice of counterfactuals, and determining the effects of alleged antitrust infringements increasingly require rigorous economic and quantitative analysis.

Experience has shown that even apparently straightforward competition problems require the considerations of conflicting theories and justifications, and complex factual circumstances which require systematic and rigorous analysis.

We use economic and empirical techniques to address critical issues and marshal evidence to define relevant markets, analyse allegations of abuse of dominance and anti-competitive practices, and to provide evidence of the likely effects of any alleged anti-competitive conduct.

Our economists have undertaken work in all the major areas of European antitrust – abuse of dominance, anti-competitive practices and agreements, and market studies. We have considerable experience of national competition laws within Europe and the AsiaPacific
region.

Damages

_____________

Those who have suffered losses from overcharges and anti-competitive conduct can now claim substantial damages through the courts in the UK and across Europe. Economic evidence is necessary and key in mounting a successful or defending against competition damages claims. The quantification of damages requires experts with the skills and competence to draft expert reports and present economic, quantitative and econometric evidence in court often under cross-examination or concurrently (hot tub).

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, the landmark Crehan decision, in collective proceeding, and many cartel and abuse of dominance damage claims.

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

Recent cases include damage claims against members of the vitamins, LCD, marine hose, DRAM, cardboard box, foam, air cargo, trucks and ethylene cartels; resale price maintenance in online lingerie and musical instruments sectors; and the abuse of dominance in the energy, tech, financial and commodities sectors.

Damages

_____________

Those who have suffered losses from overcharges and anti-competitive conduct can now claim substantial damages through the courts in the UK and across Europe. Economic evidence is necessary and key in mounting a successful or defending against competition damages claims. The quantification of damages requires experts with the skills and competence to draft expert reports and present economic, quantitative and econometric evidence in court often under cross-examination or concurrently (hot tub).

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, the landmark Crehan decision, in collective proceeding, and many cartel and abuse of dominance damage claims.

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

Recent cases include damage claims against members of the vitamins, LCD, marine hose, DRAM, cardboard box, foam, air cargo, trucks and ethylene cartels; resale price maintenance in online lingerie and musical instruments sectors; and the abuse of dominance in the energy, tech, financial and commodities sectors.

Collective Proceedings/Class Actions

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We provide guidance, expert reports and testimony in collective proceedings in the UK, Europe and elsewhere.  These are complex and costly proceedings where the courts are still feeling their way.  But it is now clear that to mount a successful collective action an economists’ expert report is key to obtaining certification, establishing a credible methodology for the quantification of damages and pass-on, and the eventual quantification of losses and pass-on rates especially under the UK’s collective action regime.

We have acted for class representative and defendants so are acutely aware of the evidential, procedural and funding issues. Our involvement in gaining certification for the largest damage claim in UK legal history, Merricks v MasterCard, representing 42 million consumers and estimated losses of £14 billion have equipped us to deal with claims of any size.

Recent assignments include expert reports required to gain or oppose a collective certification in the UK; the quantification of overcharge and pass-on damage claims in class actions against members of the LCD and vitamins’ cartels; and abuse of dominance actions against credit card interchange fees, and in the electronic and digital tech sectors.

Collective Proceedings/Class Actions

_____________

We provide guidance, expert reports and testimony in collective proceedings in the UK, Europe and elsewhere.  These are complex and costly proceedings where the courts are still feeling their way.  But it is now clear that to mount a successful collective action an economists’ expert report is key to obtaining certification, establishing a credible methodology for the quantification of damages and pass-on, and the eventual quantification of losses and pass-on rates especially under the UK’s collective action regime.

We have acted for class representative and defendants so are acutely aware of the evidential, procedural and funding issues. Our involvement in gaining certification for the largest damage claim in UK legal history, Merricks v MasterCard, representing 42 million consumers and estimated losses of £14 billion have equipped us to deal with claims of any size.

Recent assignments include expert reports required to gain or oppose a collective certification in the UK; the quantification of overcharge and pass-on damage claims in class actions against members of the LCD and vitamins’ cartels; and abuse of dominance actions against credit card interchange fees, and in the electronic and digital tech sectors.

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