Competition Litigation
Competition authorities fine numerous market participants each year for agreements and other anticompetitive conduct. These can be followed-on by damages claims. Parties can also pursue damages on a standalone basis before national courts.
Claiming for damages resulting from anticompetitive behaviour has become easier in Europe over time, due to among others the EU directive on antitrust damages actions.
“This Directive sets out certain rules necessary to ensure that anyone who has suffered harm caused by an infringement of competition law … can effectively exercise the right to claim full compensation for that harm.” (Art. 1 (1))
We estimates damages resulting from anticompetitive behaviour and assist with related economic issues.
We compute, for example, the affected volume of commerce, but-for prices, overcharges, damages and passing-on.
We support you in standalone and follow-on litigation as well as in settlement negotiations or arbitration. You can use our analysis and expertise for your internal investigation and in preparing a claim, to support the legal team throughout the process and to provide expert reports and testimony. We also support lawyers and IT service providers in the documentation of the affected volume for the legal proceedings.
Projects
Rail tracks cartel
The rail tracks cartel was one of the first large follow-on proceedings in Germany and recieved considerable press attention.
Acting for the main claimant, Deutsche Bahn, econda is involved in the computation of damages for the affected steel products, which have been awarded in procurement auctions.
In addition, we assisted the legal team and the IT service provider in the documentation of the affected volumes.
As reported by the press, Deutsche Bahn has been able to recover considerable amounts of damages through settlements.
Car parts cartel
econda assisted an OEM in recovering damages following from a car parts cartel fined by the European Commission.
We estimated damages, prepared an expert report for court and supported the client and its legal team in the settlement proceedings.
The product was sourced through large multiyear procurements which are typical in the automotive industry and which required adjustments to the estimation strategy.