Analysis of the alleged facts
Identification and characterisation of the acts of unfair competition and their economic effects.
Unfair Competition / Free-Riding
Expertise in quantifying competitive damages. Economic analysis of the effects of unfair competition or free-riding practices.
When is this expert opinion required?
Expert opinions on unfair competition or free-riding involve assessing the economic effects of practices that distort competition. They are required in cases of free-riding, unlawful imitation, disparagement, commercial disruption, or practices likely to have caused damage.
METHODOLOGY
The damages are assessed by comparing the actual situation with the situation that would have prevailed absent the alleged practices.
Market analysis
Competitive analysis, changes in market share, and assessment of their trajectory absent the alleged facts.
Quantification of damages
Determination of the counterfactual situation and comparison with the actual situation. Assessment of lost market share and sales, as well as additional costs incurred (advertising, development, miscellaneous expenses) and loss of opportunity.
Report and support
Preparation of a report for claimants or defendants, response to opposing arguments, and support in legal proceedings.
Free-riding, unlawful imitation, disparagement, sales at abnormally low prices, commercial disruption, or poaching of customers.
By comparing the actual situation with the counterfactual situation, that is, the situation without the alleged practices. The damages may consist of additional costs, lost profits, and loss of opportunity.
Yes. We act for both claimants and defendants.
The market, comparative performance, changes in market share, and the economic consequences of the alleged practices.
WHAT WE OFFER
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In-depth market analysis
A detailed understanding of the market and competitive dynamics.
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Rigorous quantification
Precise calculations based on market data and historical performance.
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Litigation expertise
Reports tailored to legal proceedings, for both claimants and defendants.
