Expert witness

Expert witness2021-02-08T15:38:03+00:00

We use our deep understanding of the telecoms industry 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 telecoms industry to help our clients achieve a resolution more quickly and confidently than they otherwise might.

We act as expert witnesses, utilising our knowledge of telecoms markets and technologies, as well as our understanding of the valuation of telecoms 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

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Our project experience

We provided the analytical modelling and international benchmarking input required to provide an objective basis for the renegotiation of a price clause which required revision.

The parties had differing views regarding the cost structure of the host network. Being mainly wireless, the networks costs depended strongly on the current, and likely future, costs of spectrum. Combining best-practice regulatory costing concepts and benchmarking of European spectrum prices, we provided a basis for our client’s proposals, along with critical appraisal of the methods used in other reports in the process.

Image: Calculation of customer acquisition & retention costs

Our report reviewed the regulation of wholesale mobile rates, competition in the retail market, and the expected pace of reduction in underlying costs.

The report contained an extensive range of quantitative international benchmarks, both current and historical. Utilising our knowledge of telecoms regulation, we successfully anticipated the tribunal’s concerns as well as our opponent’s arguments under cross examination.

Working fast, and in close collaboration with counsel, we assisted the client to win the arbitration and the other side had to pay USD42.5 million in damages.

Image: Benchmark of wholesale price asymmetry

We performed detailed forensic analysis and ‘what if’ modelling to assist our client’s legal team in illustrating the discriminatory measures the government had allowed its partially-state-owned competitor to implement, to the detriment of other competitors in the market.

In addition to producing a report quantifying the damages, we appeared in arbitration hearings to explain our findings.

Image: Operators’ market shares with and without measures

We acted as expert witness to support our client in its opposition to a proposed merger of two of its competitors.

As part of the assignment, we identified significant flaws in network and economic models put forward by the merging parties. Further to this, we outlined the main threats to competition in downstream mobile markets resulting from the potential merger in an expert witness report.

Ultimately, the merger application was dismissed.

Image: Spectrum divesture as a merger remedy

We carried out a detailed review of the regulator’s models of fixed and mobile call termination costs, and how those models had evolved over time.

We successfully reverse-engineered one of these models, whose results had been published but for which the working electronic version was not available. We produced an expert valuer’s report for presentation to the International Centre for the Settlement of Investment Disputes (ICSID). We also critically appraised the expert testimony offered by the other party.

Ultimately, the dispute was settled to the client’s satisfaction.

Image: Model reverse-engineering: multi year calibration

Relevant articles and reports

Our experts

Marc Eschenburg
Marc EschenburgPartner
Graham Johnson
Graham JohnsonPartner
Graham Louth
Graham LouthPartner
Andrew Wright
Andrew WrightManaging Partner
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