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Antitrust damages

The economics
of complex claims.

Assessing antitrust harm requires an understanding of how a market operates and how it would have developed without the conduct. We examine causation, counterfactual outcomes and the distribution of loss, setting out the evidence and uncertainties relevant to each claim.

From first view to testimony

Conduct covered

  • Cartels and coordinated conduct
  • Information exchange
  • Vertical agreements and resale price maintenance
  • Exclusionary conduct and predation
  • Tying and bundling
  • Excessive pricing

Analysis throughout the proceedings.

01

Initial assessment

An initial assessment of potential harm or exposure, the evidence available and the analytical issues that require further investigation.

02

Case strategy

Economic analysis of the alleged harm, the relevant markets and the scope of the claim. We help counsel assess the strengths, limitations and implications of alternative positions.

03

Disclosure

Identify the transaction, pricing, cost and volume evidence needed to test the relevant hypotheses, with a clear rationale for each request.

04

Settlement

Evaluate plausible ranges of loss under alternative assumptions and assess the factors driving differences between estimates. Advice that informs settlement discussions and the assessment of risk.

05

Trial preparation

Prepare expert reports, examine opposing analyses and clarify areas of agreement and disagreement, including through joint expert discussions where appropriate.

06

Expert evidence and testimony

Present and explain economic findings in written and oral evidence, with clear reasoning and a considered response to scrutiny.

02 / Claimant and defendant instructions

Two positions.
One standard.

Build the claim

For claimants

Assess how the conduct affected prices, purchases and commercial performance, and establish the economic basis of the claimed loss. We address differences across purchasers and periods, passing on and alternative explanations for the observed outcomes.

Test the claim

For defendants

Examine the causal link between the conduct and the alleged loss. We assess the counterfactual, the treatment of market developments and the reliability of the methods and data, identifying where conclusions depend on contested assumptions.

03 / How we work

Continuity, scrutiny and judgement.

Continuity of expertise

The economists responsible for the analysis remain closely involved as the matter develops, preserving a detailed understanding of the evidence from assessment through testimony.

Transparent analysis

We document data preparation, modelling choices and sensitivity tests so that material results and assumptions can be examined, subject to the applicable confidentiality and disclosure arrangements.

Specialist input

Engagements draw on the expertise the matter requires, including academic specialists for particular methodological or sector questions.

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Independent analysisA defensible position

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Our analytical approach.

The method