Competition & Anti-Trust
There are many ways in which we can contribute to the successful resolution of a dispute
When a dispute first arises, it is easy to get locked in to the subjective details of the dispute and lose sight of the eventual destination, whether that be a negotiated resolution (and potentially a continuing commercial relationship) or a decision imposed by a tribunal. At that early stage, we can provide an objective and independent early assessment of loss, so that you can plan your approach to the dispute more confidently.
Later on, whether or not formal proceedings are under way, we can support you on aspects of the negotiation process. There is no clear-cut formula for the input that might be needed, and we are happy to be flexible in tailoring our work. You might need, for example, a paper on loss which can be shown to the other party, or an objective explanation of the financial impact of certain transactions. With our experience of negotiation and mediation strategy, we can support you through this process.
In the context of formal proceedings, whether they are in Court or before an international arbitration tribunal, we provide expert evidence in three broad areas:
- The quantification of damages, whether as specific losses or through a business valuation;
- Financial issues that are relevant to liability and causation; and
- Providing an objective interpretation and understanding of relevant financial and accounting matters.
Our services are not limited to the parties involved in a dispute: we also accept appointments to tribunals, as arbitrator or as tribunal expert. And we provide alternative dispute resolution services, as expert determiner or as mediator.
Competition & Anti-Trust
We have significant experience in providing accounting and financial expert evidence for both Claimants and Defendants in a wide range of competition law disputes.
Our knowledge and experience of how businesses operate underpins our ability to provide robust expertise in relation to commercial and trading issues, supplementing the expertise of lawyers and competition economists. We also have experience of applying a wide range of damage quantification methods which are adaptable to competition matters.
We can assist at all stages of a competition dispute, from responding to regulatory inquiries, through assessing liability and damages, and giving expert evidence. Examples of how we can help are:
Disputes relating to cartels
- Overcharge – Assessing the level of overcharge by applying our team’s expertise in assessing financial data and producing financial models.
- Pass-on – Assessing contemporaneous evidence to establish whether pass-on actually occurred.
Disputes relating to the abuse of a dominant position
- Establishing causation – Applying our team’s accounting experience to conduct costs and margin analysis in order to establish liability regarding predatory or excessive pricing.
- Business valuations – Where the quantification of loss is measured in a loss of value in a business, applying our team’s experience of business valuation to quantify damages appropriately.
- Wasted costs – Reviewing contemporaneous evidence to assess or prepare wasted costs claims.
We have worked on and are currently working on a variety of contentious competition law cases including:
- A review of damages quantification methodologies, in contemplation of litigation, for multiple Claimants in follow-on damages claims against a cartel.
- A business valuation, and wasted costs assessment, for a Claimant whose business was allegedly impacted by an abuse of dominance.
- An assessment of both overcharge and pass-on, for a single Claimant, in a follow-on damages claim against a number of cartels.
If you would like to find out more about our experience in valuation disputes, please contact any of our partners.