Principle
Assist a firm during administrative or legal proceedings related to collusion, for example:
- Price fixing between competing companies (horizontal) or agreements between firms at different levels of the supply chain (vertical agreement)
- Rate setting or exchange of confidential information
Market sharing (cartels)
Methodology
Assist in proving collusion by:
- Define the relevant market by analyzing the substitutability of products
- Define monopolistic or predatory pricing
- Determine the resulting damage to the economy by modeling prices and volumes in a market with no collusion
Estimate the damage caused by the collusion by comparing a But-For situation (no collusion) to the actual situation (collusion). An amount is then obtained by adding supplemental costs, profit lost, and opportunity cost. To arrive at an accurate figure, we choose the most relevant method among those listed by the European Commission as approved (Practical guide on quantifying harm in actions for damages based on breaches of Article 101 or 102 of the Treaty on the Functioning of the European Union)
Our Work
- Upon request, write a report estimating the potential damage demanded by the victim directly resulting from collusion
- Prepare responses to opposing counsel arguments (representing defendants or plaintiffs)
- Assist the client during administrative or judicial proceedings