Expert witness
We use our deep understanding of the TMT sector to support in arbitration and litigation proceedings.
Our experts analyse situations of dispute in this complex sector, applying knowledge gained by virtue of their front-row seats during an era of fast-moving changes in the TMT sector to help our clients achieve a resolution more quickly and confidently than they otherwise might.
We act as expert witnesses, utilising our knowledge of the market and technologies, as well as our understanding of the valuation of TMT assets, to guide counsel through complex industry issues, quantify losses and clarify the meaning of technical concepts in contracts.
Our knowledge and experience, combined with our rigorous valuation approach, ensures that our testimony and damages calculations are seen as credible by courts and tribunals. Furthermore, our market impact assessments have been influential in the formation of policy worldwide.
Our expert witness services
Market impact assessment
We provide forecasts or counterfactuals for the impact of regulatory policies, or corporate behaviours, on markets and competition.
Expert valuation reports
We provide formal valuation reports for asset derecognition and analyse the modelling performed by other parties using forensic replication methods.
Commercial disputes
We analyse the source of disputes on topics such as early contract termination and exact definitions of prices.
International arbitration
During disputes, we explain to arbitrators the detailed mechanics of the market and quantify the impacts of alleged treaty breaches.
Damages quantification
We assist clients in estimating lost profits, foregone revenues or excess costs arising from alleged contract infringements.
Quantification of M&A terms
We support clients by developing market analyses and strategy reviews that provide robust assessments of entry opportunities.
Our project experience
Operator support in arbitration proceedings
We performed detailed analysis on the discriminatory measures the government had allowed a partially-state-owned operator to implement.
Regulated prices for fixed broadband access
Aetha supported the development of a cost model for a tariff filing for fixed broadband services at 1Gbps and above.
Valuation for infrastructure sharing agreement
Aetha provided an initial appraisal of the value of a disputed infrastructure sharing agreement between the client and another mobile operator.
Benchmarking report and in-person expert testimony
Aetha developed international benchmarks and an expert witness report for an arbitration between operators regarding interconnection.
Relevant articles and reports
Review of mobile market and implications for upcoming spectrum award
12 December 2025
Licences for several key spectrum bands in the Netherlands are due to expire in 2030. This report reviews the current state of the Dutch mobile market and […]
Why spectrum values are falling
25 February 2025
This report, commissioned by BT, challenges the assumption made by Ofcom in its calculation of annual licence fees (ALFs) for 900MHz, 1800MHz and 2100MHz spectrum that spectrum […]
European benchmark of relative spectrum costs
23 July 2024
This report, commissioned by KPN, compares the level of spectrum costs faced by mobile network operators (MNOs) in the Netherlands to those across Europe using the ‘spectrum […]
Study to assess the spectrum situation in Germany
6 November 2023
Aetha recently released a study commissioned by 1&1 to assess the spectrum situation in Germany. The study finds that there are good, rational arguments to rethink the […]
