The Brattle Group estimates commercial damages in litigated telecommunications disputes before courts and arbitration panels worldwide. Our economic consulting expertise is combined with substantive industry knowledge to develop thoughtful, credible analyses that withstand critical review and capture the complexities of the telecommunications marketplace.
We developed a financial model of a telecom company’s broadband business, estimating the damages incurred by the company in relation to an anticompetitive “price squeeze” involving the wholesale services provided by the incumbent company.
Brattle’s financial model combined internal company accounting data and cost estimates, including retail broadband prices. The model also estimated how a more reasonable pricing regime for wholesale broadband services would have changed the company’s strategy for expanding its own network. We evaluated our results against market transactions for the sale of other broadband businesses.
We prepared and submitted expert testimony in a contract termination dispute involving transponder capacity for direct-to-home satellite service and damage claims well in excess of $100 million. We determined damages from lost profits resulting from contract termination and alleged interference with certain business expectancies. The analysis involved detailed modeling of actual and “but for” business conditions and assessing the proper scope of damages in the context of efficient contract termination and pre-termination behavior by the contracting parties.
We advised counsel on economic issues and industry pricing practices related to a contract dispute involving a satellite’s in-orbit performance. The Brattle Group assisted in evaluating the economic impact of impaired satellite performance, analyzed plaintiff’s damage claims, assessed regional satellite market conditions, developed mitigation strategies that substantially reduced damages, and provided alternative damage estimates.
The Brattle Group provided expert witness testimony on damages in an international commercial arbitration concerning the breach of long-term contracts for several television channels in a D-T-H venture. We estimated damages to the programming provider, considering such factors as its prospective advertising and subscription fee revenues if the contracts had been honored, the ability to save on the costs of satellite transmission after the contracts were breached, and the ability to save on administrative costs. Because common infrastructure supported the marketing and distribution of these channels to analog cable systems in the same country as the D-T-H venture, we also analyzed the proper allocation of costs among multiple services.