Accuracy

CLIENT SERVICE

CASE STUDIES

EU competition law dispute

Situation

  • A group entered a highly regulated market that previously operated under a state monopoly.
  • In order to open up the market to competition, the EU member state in question privatised the incumbent operator and put in place complex financial mechanisms to level the playing field and ensure fair competition among all participants.
  • The market newcomer challenged the neutrality of this new system on the grounds that the incumbent operator continued to receive hidden subsidies from the state. A claim in this regard was lodged with the European Commission.

Our role

  • Our client, the claimant, chose Accuracy to act as expert on its behalf.
  • We were responsible for:
    • Analysing the extent to which the financial terms of the privatisation favoured the incumbent operator;
    • Verifying the actual neutrality of the mechanisms put in place to ensure fair competition;
    • Analysing the extent to which competitive positions may have been affected by certain advantages potentially granted to the incumbent operator.
  • We discussed our work, which was carried out solely on the basis of publicly available data, in a formal report that provided support for the analyses performed by our client and its counsel. The report and its findings were also presented to ad hoc authorities in Brussels.

Outcome

  • Our work revealed a significant financial imbalance in favour of the incumbent operator.

Value added for our client

  • Our ability to deploy a highly experienced team with a wide range of specific expertise (economics, actuarial services and complex accounting).
  • Our ability to identify and exploit relevant information compiled solely from public data sources.
  • Our ability to process and analyse complex accounting and financial matters, and explain them in simple terms.
  • Our interaction with our client and its counsel, which aimed to ensure the overall economic and financial soundness of its case.