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 apply our understanding of the dynamics of TMT markets to 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 multiple purposes, including asset derecognition, as well as analysing the modelling performed by other parties using forensic replication methods.
Commercial disputes and negotiations
Knowing the right questions to ask and the specific places to look for historical performance data, we analyse the source of disputes on topics such as early contract termination and exact definitions of prices.
International and investment arbitration
During disputes, we explain to arbitrators the detailed mechanics of the market and quantify the impacts of alleged treaty breaches.
Damages quantification
Applying in-depth knowledge of technology costs and business models, 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
Price dispute in a wholesale contract
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.
Interconnection arbitration report
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.
Operator support in arbitration proceedings
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.
Operator support in opposition to merger
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.
Preparation of expert valuation report
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.
Relevant articles & reports
Study to assess the spectrum situation in Germany
January 2024
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 currently […]
Why spectrum awards are key to meeting Latin America’s digital connectivity ambitions
December 2022
This report, commissioned by Ericsson, discusses how spectrum award processes – including the pricing of spectrum – can be designed to maximise digital connectivity and promote economic growth […]
Why spectrum licence renewals are key to hitting Europe’s Digital Decade targets
December 2022
This report, commissioned by Ericsson, explores how to design spectrum licence renewals to help achieve Europe’s Digital Decade targets. Europe is aiming for digital transformation in the 2020s […]
