Venue High Court of Justice in London
Dr Helen Jenkins gave an expert testimony on behalf of Samsung in a dispute with Ericsson over licensing of patents.
We developed a framework for assessing whether the level of royalty rates one party was demanding were consistent with fair, reasonable and non–discriminatory (FRAND) terms.
We also established the relevant economic market for intellectual property rights and analysed whether licensing strategies of one party were inappropriate when it came to competition policy. The case went to the High Court of Justice, where we gave expert testimony.
Nokia vs Hitachi, LG, Samsung, Sharp, Toshiba et al.
Issue Cartel follow-on damages
Venue US District Court Northern District of California San Francisco Division
Oxera advised Nokia on a large damages claim in the USA and the UK relating to a global LCD cartel.
Using sophisticated econometric methods, we calculated the value of commerce for the claim and estimated the cartel overcharge. In doing our work, we established a precedent for relying on imputation methods to substantiate purchases-related missing invoices. We also assessed the pass-on rates for the UK proceedings.
Dr Helen Jenkins prepared multiple expert reports and attended several depositions on this matter. Her evidence formed a key part of Nokia’s strategy in settlement discussion with the defendants. Nokia has since reached favourable settlements with almost all defendants, including an $80m agreement with Seiko-Epson.
EDF International vs the Republic of Hungary
Client EDF International
Type International arbitration
Issue Breach of Energy Charter Treaty
Venue Permanent Court of Arbitration in The Hague
Oxera acted as the quantum experts on behalf of Electricité de France International (EDFI) in a claim against the Republic of Hungary brought under the Energy Charter Treaty in the Permanent Court of Arbitration.
The claim followed from Hungary’s decision in 2009 to prematurely terminate Power Purchase Agreements (PPAs) it had signed with EDFI’s generating asset in Hungary without sufficient compensation to EDFI. PPAs were introduced when Hungary’s electricity/heat generation industry was privatised in the 1990s as an alternative to providing regulatory certainty for potential investors (i.e. through contractual agreements).
The arbitration process commenced in May 2009 and Oxera began working on the case in late 2011. Jostein Kristensen, Partner and Professor Stephen Schaefer, Oxera Associate, submitted two expert reports and gave testimony in The Hague in December 2013. In December 2014, the Tribunal awarded EDFI the original claimed amount of €107m.