Damages & litigation
Over the past two decades, competition litigation has grown dramatically across Europe.
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+ We have supported clients in many of these private actions, from targeted commercial disputes to some of Europe's most substantial competition proceedings.
+ We have provided rigorous economic expertise and analysis across liability, quantification, data strategy and disclosure.
+ We have deep expertise in non-standard products, complex theories of harm and challenging datasets.
+ You get direct access to senior economists without layers of delegation.
Recently, the horizon of liability has been broadening.
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Our work extends beyond
+ traditional cartel claims
to matters involving
+ abuse of dominance
+ digital markets
+ consumer protection
+ and sustainability-related regulation.
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The context
Competition authorities investigate and sanction agreements and conduct that restrict competition. Their infringement decisions may be followed by claims before national courts, while claimants may also bring standalone actions without a prior authority decision.
Source: European Commission, Cartel cases statistics, accessed August 2026.
The EU Damages Directive and its implementation across member states have helped establish a more consistent framework for competition damages actions. Nevertheless, determining whether particular conduct caused harm, identifying the parties affected and estimating any resulting loss remain fact-specific economic questions.
For an analysis of how competition damages claims developed across selected European jurisdictions following the Damages Directive, see our Deep Dive below.
ECONOMIC QUESTIONS
Liability and causation establish the link between infringement and harm.
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+ We develop and evaluate theories of harm that clarify the scope, mechanism and likely effects of the conduct, to close evidentiary gaps in follow-on actions
+ We assess liability in a standalone claim
+ We assess standing of indirect purchasers
+ We support class definition and CPOs
Quantifying that harm is central to most competition disputes.
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+ We assess what would likely have happened absent the alleged infringement (the but-for scenario).
+ We isolate the infringement effect from other market developments using overcharge estimation tailored to your industry, conduct and available data.
+ We assess pass-on, interest, volume effects and other factors that may affect the final quantum.
CAR PARTS CARTEL
Our role: We were asked to estimate the damages suffered by an automotive OEM as a result of a car parts cartel fined by the European Commission, prepare an expert report for court and support the client and its legal team during settlement proceedings.
The economic challenges: We developed an estimation strategy reflecting the large, multiyear procurement processes typical of the automotive industry. We also devised methods to analyse an idiosyncratic dataset requiring complex analysis.
The results: Our analysis provided the economic basis for the OEM’s damages claim and supported its resolution through settlement.
COMPREHENSIVE SUPPORT ACROSS THE LITIGATION LIFECYCLE ADAPTED TO THE NEEDS OF THE MATTER
Expert services
We provide formal expert reports and oral testimony before courts, tribunals and arbitration panels
Settlement support
We provide robust economic assessments to facilitate early out-of court resolutions
Economic sparring partner
We assist in reviewing and critiquing opposing economic evidence and preparing for the technical aspects of hearings
Data Strategy & Disclosure
We support the identification, extraction, and processing of complex datasets to build a reliable evidentiary base for court proceedings
Advisory & Strategy
We assist in-house specialists and external counsel with early-stage risk assessments, merit reviews, and economic strategy
Rail tracks cartel
Our role
Our team was asked to provide comprehensive litigation support to the main claimant Deutsche Bahn (DB) in Germany’s first large high-profile follow-on damages claim.
We assessed the economic impact on products awarded through procurement auctions. Beyond the quantum, our team assisted legal counsel in the granular documentation of affected volumes and provided strategic litigation support throughout the proceedings.
The results
As reported in the press, DB successfully recovered substantial damages through settlements early on, underpinned by our robust empirical evidence.