Depiction of Antitrust Damages

Antitrust Damages

Expert advice to claimants and defendants

Whether you’re making or facing an original action antitrust damages claim or one that follows on from a competition authority’s decision, you’ll need support in presenting the most robust economic analysis to judges and tribunals, and quantifying any damages. Oxera offers world-class quantification expertise in all areas of antitrust litigation, including:

  • cartels
  • information exchange
  • vertical agreements
  • predation
  • exclusion
  • tying and bundling
  • excessive pricing

Economics insight that gets to the heart of the matter

Whatever the issue at hand, economics insights can deliver valuable and profound conclusions in antitrust litigation. Both claimants and defendants rely on us for insights that quickly get to the heart of the matter. Our quantification experts can support you from the beginning of the litigation process to the end, through:

  • initial risk assessments and claim valuations
  • shaping case strategy
  • defining disclosure requirements
  • assisting with settlement negotiations
  • preparing for trial
  • providing expert evidence and testimony to courts

At every stage, we scrutinise, test, and challenge every aspect of the damages claim using the best methods for the case at hand, drawing on our dedicated specialists in financial valuation, econometrics, regulation, industrial organisation, and data science.

Shaping the European antitrust damages landscape

For more than a decade, we’ve been established as the leading European consultancy in the field of quantifying antitrust damages. In our 2009 study for the European Commission, we designed the economic framework that underpins today’s quantification guidance for courts; today, we continue to provide Commission-sponsored training for member state judges.

Working across a range of European jurisdictions, our case experience incorporates the most significant matters of the past decade, including air cargo , gas insulated switchgear, cables, roll-on roll-off shipping, interchange, trucks, and Google Shopping. We continue to provide high-impact advice and insights at the forefront of emerging matters in antitrust litigation.

We’re known for quality, insight, and integrity—that’s why our thinking is at the heart of damages claims across Europe and beyond.

Antitrust Damages Insights

Regression analysis is a powerful statistical tool that can be used to estimate the damages caused by competition law infringements. In recent years, this type of analysis has increasingly been…
In competition and follow-on damages cases, courts often hear evidence from two types of witness: factual witnesses (usually from industry) and economic experts. What is the role of each, and…

Quantifying antitrust damages: Towards non-binding guidance for courts

The European Commission’s DG Competition has published an independent report on quantifying antitrust damages by Oxera and a multi-jurisdictional team of lawyers led by Dr Assimakis Komninos, with economic assistance from Dr Walter Beckert, Professor Eric van Damme, Professor Mathias Dewatripont, Professor Julian Franks, Dr Adriaan ten Kate and Professor Patrick Legros. Enforcement of the European competition rules continued at a steady pace during 2009, with total fines amounting to €1.6 billion in six price-fixing cartels. However, fines are not the end of the story for infringers of competition law because customers and competitors can also claim compensation before a national court. The Commission has promoted private actions for damages by victims of competition law and there has been an increase of such actions in courts across Europe. However, the lack of clarity on how to quantify damages in such actions can be a practical barrier. One of the obstacles to damages actions is the uncertainty over the quantification of the harm suffered—which types of method are acceptable? What methods are feasible? What is best practice for estimating damages? This economic and legal study published today is a step towards such guidance. Read More

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TOTEX benchmarking is at the heart of incentive regulation in German energy markets. Yet it remains a ‘black box’ with highly uncertain, and sometimes unusual, results for grids. With the European Court of Justice expected to allow broader discretion and independence to the Bundesnetzagentur, could TOTEX… Read More

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