Competition and compensation
We provide economic expertise in competition and compensation cases.
Competition law cases and disputes about financial matters, such as compensation, are mostly a legal affair. Legislation and regulations provide the framework for businesses and public institutions and protect consumers. But there is often a financial chain of reasoning behind the law. That is why financial expertise is an important element in this type of case.
We help to bring financial arguments into play and to highlight factual circumstances that can support the legal argument.
Why choose Incentive?
In areas of economic competition, we have worked for private and public companies. We often work together with competition law advisers from legal firms.
Some of the things we help our clients with
Analyses of the effect of mergers on competition
We have experience in market definition and calculation of the key figures that are used by the competition authorities when they evaluate a merger. Our experts design surveys and gather data so that we can define product markets and geographical markets on the basis of documented facts. We have the right toolbox for the job and we are experienced in working with data and calculating diversion ratios, upward pricing pressure (UPP) and illustrative price rises (IPR) among other things.
Analyses of the economic consequences of abusing a dominant position
Our toolbox includes state of the art analyses of market placement and the economic consequences of dominant company behaviour on the market. We define the market and expose the actors’ competitive pressure on each other. Our analyses are always based on fact. We are first for advice about pricing and business cases and our knowledge plays an active part in evaluating pricing behaviour, investment decisions, etc.
Balance tests and analyses of absorption in connection with state aid
We perform a well-formulated and robust balance test, which is included in the European Commission’s evaluation of cases for state aid. We identify market errors and quantify the value of “following a goal with a common interest”. We quantify behavioural effects and carry out objective evaluations of the distortion of competition and its impact on the internal market.
Calculations of compensation including cartel cases
We are experts in professionally recognised and trustworthy financial compensation calculations for use in commercial conflicts. We also assist in cases of shareholder demands, M&A disputes, contract demands, competition law economics and intellectual property rights.
Valuer and party nominated expert witness
We assist lawyers with the wording of financial questions to be posed to valuers appointed by courts. Moreover, our compensation expert, Søren Primdahl, has more than two decades of experience as a financial advisor to the court and as an expert witness.
WE AVOID CONFLICTS OF INTEREST
We work for public authorities, private companies and interest groups. Some of these are competitors or have other types of conflicting interests.
For this reason, we only work for one client at a time within a specific field. We consider a project completed when the client has received and approved the final reporting and we have sent the last invoice. As soon as a project is completed, we can work for another authority/company/organisation in that field.
In certain subject areas, we have entered into a framework contract with an exclusive agreement. This means that in these fields, we do not work for anyone else.
In certain cases, when there is no risk of conflicting interests, we can – in full transparency – work for several clients simultaneously within the same field.
In very special cases, when Incentive has unique knowledge within a specific area, we can work for competing companies. We do this by establishing “Chinese walls” so that two completely different project teams work for the two customers. We ensure full confidentiality, restricted access to drives, data and documents, and under no circumstances do we discuss the projects across project teams.
Contact a consultant
We are always happy to have a non-committal chat, so please do not hesitate to contact us. We can set up a meeting at your office or online, or you can visit us in Holte or Odense.