Principle

Assisting companies during administrative and/or judicial proceedings concerning different types of collusion:

• Price fixing between rival companies
• Development and exchange of price lists, information exchange
• Allotment of markets (cartels)
• Combined practices of boycott
• Vertical collusion

Our means

• Highlighting collusion by:
  • Specifying the relevant market by analysing the products’ substitutability,
  • Highlighting excessive or predatory pricing.

• Specifying the damage to the economy by modelling both price and market volume without the act of collusion. We usually choose one or several of the most suitable method(s) amongst the following:
  • Comparing the situation before and after the collusion took place,
  • Using forecasting or econometric tools,
  • Using benchmarks,
  • Comparing with a normal market share.

• Demonstrating the direct causal effect between the act of collusion and the company’s prejudice:
  • Comparing the situation before and after the collusion took place,
  • Searching for simultaneities and correlations prior to collusion and determine if they were altered in any way by the act of collusion.

• Calculating the prejudice resulting from collusion by comparing a normal situation (without collusion) with the current one, thus specifying:
  • Passed and future additional costs,
  • Passed and future loss in revenue

Results

 Drawing up a financial memo endorsing the legal argumentation of our client’s legal advisors
 Appropriate response to the arguments given by the adverse party and/or the administrative or judicial authorities
 Advising the company during all administrative et judicial proceedings

We helped them : Examples

 We assisted a company claiming compensation against the vitamin cartel
 We assisted a public utility accused of collusion on allocation of public markets.