The estimation of damages is a key element in commercial disputes and anti-competitive conduct cases and the necessary first step to damages claims. Microeconomix intervenes to evaluate damages to the economy due to an infringement to articles 101 and 102 TFEU, as well as to evaluate the individual or collective prejudices suffered by customers or suppliers as a result of anticompetitive practices.

Economic analysis provides a complete tools box of methodologies, models and quantitative techniques allowing evaluating the damages and prejudices. Microeconomix uses these tools to provide robust damages estimates based on credible counterfactuals. Assessing the amount of damages requires evaluating outcomes (such as prices, sales and profits) that would have been "but-for" the particular action. Elaborating a precise counterfactual scenario requires a detailed analysis of the following questions:

• What type of competition law infringement is causing the harm? Is it a cartel causing an overcharge harm, or exclusionary conduct causing a fall in sales or lack of market access?
• What types of claimant have been harmed? Are they end-consumers or intermediate producers which purchased goods from the cartel, or are they competitors of the cartel members?
• What are the characteristics of the market concerned (mature or growing market) and what impact do they have on the counterfactual analysis?

Microeconomix uses well-known methods such as comparator-based, financial-analysis-based and market-structures based approaches to evaluate damages. We estimate the outcomes (such as prices, sales and profits) that would have been "but-for" the particular action using relatively detailed empirical analyses or advanced econometric techniques and controlling for all factors that can influence market outcomes and that may have been changing over time. The estimated “but-for” outcomes is then compared with the actual outcomes in order to estimate the damages caused by the action in question. Combing various quantitative methods with detailed market research and a profound understanding of the economics of the underlying industry allows us to assure the validity, the accuracy and the consistency of our damage estimations.

Microeconomix also estimate damages in international arbitration of intellectual property rights dispute. We can determine damages arising from patent infringement, exploitation of the intellectual property, breaches of contract, expropriations, regulatory takings or the termination of the contractual arrangement. We use recognized valuation methods such as book value, replacement value, liquidation value, discounted cash flow (DCF), and other methods.