Our areas of expertise

COMPETITIVE ANALYSIS IN ALL CASES BEFORE THECOMPETITION AUTHORITIES

Concentrations

We support companies and their legal advisors in all economic aspects of merger cases before national competition authorities or the European Commission. We intervene both upstream of the transaction, to support companies’ strategic thinking, and throughout the notification procedure. Examples of interventions in merger cases:

• Definition of relevant markets (e.g. based on surveys)
• Estimated global and local market shares
• Analysis of unilateral, coordinated and conglomerate effects
• Design, analysis and optimization of potential remedies

See

• Definition and role of the market in competition law, R. de Nijs, L. Eymard and A. Perrot, 2018, Lamy droit économique
• Market definition, R. de Nijs, L. Eymard and A. Perrot, 2018, Lamy droit économique

Anti-competitive practices

We support companies and their legal advisors in all economic aspects of litigation before competition authorities.
In cases involving horizontal and vertical agreements, our work covers ..:

• Analysis of the economic impact of practices
• Study and estimate of the value of sales affected by the practices
• Qualifying practices

For cases ofabuse of dominant position, we work on :

• Defining relevant markets
• Dominance study
• Characterizing and analyzing predatory pricing effects

ECONOMIC LOSS ASSESSMENT

We act as party experts to characterize and quantify the economic damage caused by various types of practices.
Our reports are regularly used in proceedings before commercial and administrative courts, arbitration tribunals and appeal courts.
In each case, we pay particular attention to defining and quantifying the counterfactual situation, taking into account exogenous parameters likely to have had an effect on the economic quantities of interest.
Our areas of expertise in economic loss assessment are as follows:

• Anti-competitive practices: cartels, abuse of dominant position
• Infringement of intellectual property rights: patent, trademark, copyright
• Acts of unfair competition and parasitism
• Abrupt termination of an established commercial relationship
• Faulty performance of a contract

See

• Ambush marketing: how to quantify the damage? R. de Nijs and V. Nahmias, 2016, Jurisport
• Surveys and economic damage assessment in intellectual property, R. de Nijs, 2017, Propriété Industrielle – Revue Mensuelle Lexisnexis Jurisclasseur
• Passing-on and assessment of economic harm caused by anti-competitive practices, R. de Nijs and M. Arnoux, 2017, Revue Lamy de la concurrence
• Assessment of damages for infringement of competition rules, R. de Nijs, L. Eymard and A. Perrot, 2018, Lamy droit économique
• Damages related to the passage of time, R. de Nijs, L. Eymard and A. Perrot, 2018, Lamy droit économique
• Private injury vs. damage to the economy, R. de Nijs, L. Eymard and A. Perrot, 2018, Lamy droit économique