Competition and Class Actions

We support companies and organisations in complex regulatory environments and competition issues, offering rigorous economic analysis to both regulated and unregulated markets.

 

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    We have experience in developing and applying econometric and financial models to analyse and quantify alleged economic effects due to regulatory non-compliance. Our analysis requires establishing causality between the contested actions and the alleged damage, as well as estimating the prices that would have prevailed, the volumes that would have been sold, the profits that would have been made, the commercial value that would have been achieved or other results that would have occurred in the absence of the alleged violations.

     

     

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Horizontal & Vertical Agreements

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MERGER
OPERATIONS

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ABUSE OF DOMINANCE

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Private Enforcement

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Monitoring Trustee

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Horizontal and Vertical Agreements

Agreements between companies can lead to results that harm consumers. Economic analysis is a tool for identifying the effects of these agreements.

 

We support our clients in reviewing the potential economic effects that may arise from the conclusion of certain contracts. Whenever necessary, we also advise our clients as consultants or economic experts in formal proceedings before the Competition Authority and the Courts.

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Merger Operations

We support our clients in analysing the anti-competitive effects, as well as quantifying the synergies resulting from the operation and, where necessary, drawing up proposals for remedies.

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Abuse of Dominance

In the context of a company allegedly in a situation of abuse of dominance, it can become challenging to distinguish between ‘anti-competitive’ and ‘legitimate’ conduct. To this end, we generally help our clients analyse aspects such as:

 

• Foreclosure;

• Predation;

• Excessive pricing;

• Product bundling; and

• Tying

 

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    It is also essential to analyse from an economic point of view all the factors that could indicate anti-competitive practices due to abuse of a dominant position, such as:

     

    • Foreclosure;

    • Predation;

    • Excessive pricing;

    • Product bundling; and

    • Tying

     

     

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Private Enforcement

We support our clients in the defence of the quantification of the alleged damages arising from cases associated with infringements of Competition Law (Competition Damages) or Consumer Law, presenting economic and financial reports on the issues, particularly in so-called Class Actions.

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Monitoring Trustee

A Monitoring Trustee is a legal entity or person appointed in competition, state aid or merger proceedings whose role is to supervise the implementation of commitments made to the competition authority and, if necessary, contribute to their enforcement.

 

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    As Monitoring Trustee, our duties and obligations are defined by a mandate agreed between the parties and validated by the Competition Authority. Under this mandate, the administrator responsible for monitoring must ensure compliance with the commitments made. If necessary, they have the power to propose and impose measures on the parties to ensure compliance with these commitments.

    We act with complete impartiality, technical rigour and confidentiality, based on continuous dialogue with the parties involved and with the regulatory authorities, preparing reports and periodic checks. In this way, we ensure a balance between the interests of companies and respect for the principles of market competition.