Litigation

Antitrust

TERA Consultants provides its recognised econometric and technical economic expertise in dealing with national or European competition authorities for all types of competition violations. These may include:
  • Defining the relevant markets, qualitative (using evidence via an in-depth description of supply and demand across the value chain of business production, supply, sales and distribution) and quantitative (hypothetical monopolist test, calculating cross-elasticities);
  • Assisting all types of abuse of dominant position: eviction or exclusionary practices (predation, squeeze-test, loyalty rebates, excessive price differentiation, bundled sales, defamation, etc.), abuse of a dominant position (excessive prices, access obligation, etc.);
  • Helping stakeholders in horizontal ententes assess the effects (economic damages, severity of the practices), market environment (countervailing buyer power, supply-side substitutability and potential competition, etc.) or vertical ententes evaluating the proportionality of restrictions (exclusivity, quotas, selective retailing, etc.) or their effects (alignment tests, etc.);
  • Providing support or qualifying State aid: qualify a Service of General Economic Interest (SGIE), uphold Altmark criteria respecting proportionality between State aid and practices of meeting the public objective, evaluating the efficiency of an SGIE service, etc.
  • Accompanying clients in all negotiated procedures to obtain the best outcome in transactions or mediations.

Expertise in cost modeling

TERA’s expertise in cost modelling is both invaluable and indispensable for the missions it carries out. Our margin analyses are built on very robust scenarios and TERA uses production and market sales figures when possible for its analyses.

Private enforcement

TERA assists all types of companies, organisations, institutions or administrations in the scope of all procedures to recover damages in all civil courts where parties are involved, either as plaintiff or defendant.

TERA’s methods comply with both the European Commission’s and civil court’s standards to determine economic prejudices by assessing the situation as it would be had the violations not occurred (anti-competitive offenses, unfair competition, or restrictive competition practices, etc. The difference between the situation observed and the counterfactual scenario is established via a temporal comparison (before/during/after the practice) and by comparing it to comparable market products, geographic markets (other regions, countries, etc.), or simulation based on costs, prices, margins, volumes, etc.

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    TERA, international consulting and economic expertise firm founded in 1996, works in the fields of sector regulation, competition, litigation and damage assessment.

    ADDRESS

    39 rue d’Aboukir, 75002 Paris – France

    PHONE / FAX

    +33 (0) 1 55 04 87 10 / +33 (0) 1 53 40 85 15

    EMAIL

    info@tera.fr