Characterisation of the dominant position
Definition of the relevant market and analysis of the factors used to assess the company's position.
Abuse of Dominant Position
Economic expertise in cases of abuse of a dominant position. Assistance to companies that are victims of or accused of such practices in proceedings.
When is an expert opinion required?
Expert opinions on abuse of a dominant position involve analysing practices likely to restrict competition and measuring their economic effects. They are required when conduct such as a refusal to sell, discriminatory terms, or tied sales is challenged.
METHODOLOGY
We select the most appropriate methods among those listed by the European Commission (Practical Guide on quantifying harm, Articles 101-102 TFEU).
Analysis of the practices
Review of the alleged conduct and its economic effects on the parties concerned.
Quantification of damages
Assessment by comparing the actual situation with the situation that would have existed absent the abuse, using European Commission methods.
Report and support
Production of an expert report, response to opposing arguments, and support in administrative or judicial proceedings.
By analysing the substitutability of products, the geographic areas concerned, and barriers to entry.
By comparing the actual situation with a counterfactual situation without the abuse, using the methods recommended at the European level.
Yes. We assist both companies that are victims and those accused of such practices.
Our analyses are designed to fit into administrative or judicial proceedings and meet the authorities’ requirements.
WHAT WE OFFER
-
Competition law expertise
Knowledge of the economic frameworks and practices relating to abuse of a dominant position.
-
Rigorous economic analysis
Implementation of recognised methods to analyse practices and quantify their effects.
-
Experience acting for claimants and defendants
Experience with the issues on both sides of the dispute.
