The realistic prospect of successful litigation against firms found to have broken competition law is a relatively recent phenomenon, but one which is growing rapidly. The possibility that an agreement may be invalidated where it contravenes competition law is also figuring more frequently as a factor in commercial disputes. There is increasing recognition of the power of economic analysis as a tool to assessing damages in other contexts too.

We are regularly employed in such cases for our ability to communicate sophisticated and sound economic analysis to non-economists in a reliable, straightforward and yet precise manner. Our contributions include the preparation of expert witness reports and presentation of oral testimony.

Amongst the litigation settings in which our expertise has been used are those where:

	Contracts are claimed to be illegal under competition law and therefore void
	Where contracts are found to violate competition law, they may be declared void. This may become a critical issue in breach of contract disputes. Particularly where the alleged violation arises through abuse of dominance, comprehensive economic analysis, encompassing market definition, competitive assessment, and appraisal of conduct is then required.
	Damages arise as a result of anti-competitive conduct
	Claims for damages may arise where a breach of competition law has occurred. As a first step in this process the offending firm must be shown to have behaved illegally. Our economists have advised on cases involving both anti-competitive agreements (Article 81) and abuse of dominance (Article 82). Once an infringement is identified, the magnitude of damages must be calculated. To make this calculation it is necessary to compare the effects of the anti-competitive behaviour with a counterfactual that assumes legitimate market conduct. Our understanding of the relationships between market structure and competitive outcomes, together with our ability to identify the effects of anti-competitive actions, allows us to develop robust damages estimates based on credible counterfactuals.
	Damages arise in other contexts
	The tools used by economists in competition law litigation are increasingly being recognised for the contribution they can make in other areas of commercial litigation in which damages are at issue. The development of reliable quantitative techniques, allied to experience in constructing robust and persuasive “but for” calculations of market outcomes, has potentially wide application in a range of commercial litigation settings.