Services in the antitrust and regulation area
We will provide you with an economic analysis of the company’s market position, including an estimate of its market share and a quantification of the potential damage caused by unfair competition from competitors.
These services fall into two categories:
- A company with a significant market position wishes to define the relevant market and its share in it
- A company believes it has suffered losses as a result of a competitor abusing its dominant position. If this is the case, litigation usually follows.
If you find yourself in either of these situations, we are ready to draft economic arguments (an expert opinion) specifying the position of the company in the relevant market (we typically estimate the company’s market share) or quantifying the damage the company may have suffered as a result of unfair behaviour by a competitor.
Content of antitrust and regulation services
These services typically fall into two sub-categories:
Defining the relevant market and quantifying a competitor’s share in the relevant market
A competitor’s share in the materially and geographically relevant market is a major parameter which is always taken into account in fair trading law. The conclusion about the size of the market and the competitor’s share in that market may play a critical role in judging the existence of the abuse of a dominant position. If you are a party to administrative proceedings before the Office for the Protection of Competition or another similar authority, an independent definition of the relevant market and an independent estimate of the company’s share in the relevant market may be appropriate evidence in the proceedings or litigation that may follow.
Quantifying damage incurred as a result of an infringement of the fair trading law
As a company, you may suffer harm as a result of a competitor or business partner abusing its dominant position or you may be accused of having caused such harm. In such a situation, it is advisable to have such harm quantified in an expert opinion in order to obtain relevant information for litigation that may follow or the decision on whether or not you should bring the case to court. The more so if a final decision of the Office for the Protection of Competition exists in your case and describes the infringements of the fair trading law.
Reasons to choose RSM CZ
In addition to standard litigation, we deal with this specific area. This specialisation is unique among the expert offices in the Czech Republic. Using economic arguments provides a sound basis for administrative proceedings and litigation. Although the number of litigation cases in this area is not high, we have been engaged in some major ones.
Furthermore, we have collaborated with foreign specialists and are prepared to engage them as independent advisors or adversaries in complex cases.
