Antitrust - Case 3

Arbitration proceeding: Advised defendant on case strategy by assessing the relevant counterfactuals for the economic analysis

Supply contracts (Article 101) and abuse of dominance (Article 102) in a chemical compound market. We supported a downstream chemical compound producer in an arbitration proceeding related to a long-term supply contract of elemental chemicals. The supplier, arguing that the agreement was in breach of European competition law, had stopped supplying the client. We helped the client to develop the overall case strategy by formulating the relevant counterfactuals for the economic analysis. In particular, it turned out to be essential to distinguish between counterfactual situations where individual clauses versus the entire contract were claimed void.