Advising Defendants on potential economic risks arising from competition infringements
Scoping out potential damages for litigation funders and claimants
Expert economic testimony or advice on follow-on or stand-alone cases before national courts and arbitral tribunals
Economic advice and quantification of damages for settlement negotiations
CEG is one of the premier consultancies working on competition damages cases brought before national courts and arbitral tribunals, whether on a stand alone basis or as follow on actions from competition cases. CEG has worked on all types of competition damages cases from collective class actions to working for individual claimants and defendants. CEG’s experts have substantial experience of applying economics to competition damages cases and have been involved in some of the most influential and complex cases that have been brought before courts.
We analyse the economic issues that arise in such cases as independent experts. We are typically retained at the start of any damages case and ensure a level of rigour of economic and data analysis that leads to good outcomes whether in court or by settlement between the parties. Our experts have experience of testifying and explaining expert analysis before Courts.
For a competition damages case, it is imperative to derive a theory of harm as a basis for subsequent analysis. We identify the affected volume of commerce, use our economics to determine the plausibility of an overcharge and and apply our extensive econometric toolkit to estimate any overcharge. A similar approach applies to pass-on issues. We apply our economics to the relevant law, ascertaining if a mechanism exists between the cartelised input and consumer prices and, if so, the extent of that pass-on. Interest may also apply to any damage. Our experts can use their economic and financial techniques to determine its value.
Representative Engagements
Expert for Sainsbury’s in UK Competition Appeals Tribunal cases against MasterCard and Visa concerning interchange fees. Major competition damages case that has led to damages for Sainsbury’s and major new developments on pass-on and application of interest to damages. Subsequent Court of Appeals and Supreme Court reviews of the case against MasterCard and Visa.
Support to a client in assessing damages incurred from the German long steel cartel and the information exchange among steel forges.
Assistance to a major Austrian construction firm defending against damages claims.
CEG experts are working on trucks proceedings across Europe. Work has included volume of commerce and overcharge estimation.
Written assessment and supporting advice in the successful defense of a confidential German sweets producer against follow-on damages claims before the German courts. Work included economic analysis of alleged effects of information exchange and assessment of causal links between different alleged infringements.
Expert report and supporting advice for American filling station JET v. Bundesverband Deutscher Banken & Others in the context of a damage claim before a German court. Work included economic analysis, determination of affected volumes, estimation of damages and assessment of pass-on.
Expert report and supporting advice for a confidential German car manufacturer in the context of follow-on damages claims. Work included economic analysis, determination of affected volumes, estimation of damages, assessment of pass-on and settlement support.
Expert report for defendant Mitsubishi Elevators in the context of a follow-on damages claim before the Dutch civil court. Work included developing a theory of harm and the econometric estimation of the overcharge, and detailed review of claimant information and argumentation.
Expert report for claimant Media-Saturn in the context of a follow-on damages claim before the UK courts. Work included econometric estimation of the overcharge, estimation of the affected volumes, estimation of cartel damages and econometric measurement of pass-on. CEG also assisted in rebutting the defendant’s damages estimation.
Analysis for a German retailer in the context of a follow-on damages claim. Work included econometric estimation of the overcharge, estimation of the affected volumes, estimation of cartel damages and econometric measurement of pass-on. CEG also assisted in rebutting the defendant’s damages estimation.
Critical review of a third party’s expert reports for multiple confidential German drugstore chains in the context of follow-on damages claims before German courts. Work included review of the economic analyses and assessment of the viability of the theories of harm.
Expert report and supporting advice for German wholesale and food specialist METRO v. Nordzucker & Others in the context of a follow-on damages claim before a German court. Work included economic analysis, determination of affected volumes, estimation of damages and assessment of pass-on.
What our experts say
Mark Conaty and I applied our economics to the issue of whether interchange fees incentivize card usage (i.e. always card) for the purpose of Article 101(3) and developed the pass-on methodology that was ultimately endorsed by the UK Supreme Court.
As an economist specializing in damage quantification in private enforcement of competition law cases, I have seen first-hand the importance of rigorous analysis in assessing damages and establishing causation. In addition to quantifying damages, economic analysis plays a critical role in identifying potential opportunities for settlement or alternative dispute resolution.
