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International arbitration & Litigation Advice

Valuation and Damage Assessments

The economic assessment of complex damage scenarios is a core area of EE&MC's expertise. In (international) economic disputes, arbitration proceedings and competition matters, the precise quantification of financial losses, market value losses or lost profits is often of central importance. EE&MC develops models for this purpose that combine empirical data analysis with theoretically sound economics. The aim is to reliably determine the extent of economic damage on the basis of realistic, data-based comparison scenarios.

The starting point for every assessment is the reconstruction of the hypothetical market development that would have occurred if the event causing the damage, such as cartel-related behaviour, a breach of contract or an exogenous market shock, had not occurred. EE&MC then estimates the differences between the results from the reference scenario and the events actually observed. To this end, econometric regression models, panel analyses or market simulation methods are used, which enable precise quantification of both direct and indirect effects.

In addition to the pure assessment of the extent of the damage, a causality analysis is always carried out in order to be able to prove economically that the observed change is attributable to the specific behaviour or event. EE&MC examines in particular whether random or macroeconomic disturbances affect the result.

Our findings are documented in a methodologically comprehensible, quantitatively reproducible and legally sound form. They thus serve as a scientifically sound basis for decision-making for courts, arbitration tribunals and parties alike. EE&MC stands for economic assessment work that is theoretically rigorous, empirically robust and practically applicable.

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