Lear is assisting Moby and CIN, which is fully owned by Moby, in a claim brought on by Grimaldi on the basis of an exclusionary abuse. Lear has analysed the damage compensation produced by Grimaldi, and has developed an in-depth critique, highlighting how the methodology used to estimate the damages incurred by Grimaldi have been overestimated, as the methodology proposed does not satisfy the requirements identified by the Commission in its guidelines and extends the claim to geographical markets and periods of time that are beyond the abuse that has been ascertained by the Administrative Tribunal of Lazio and upheld by the Consiglio di Stato.

Lear is assisting a leading telecom operator in its action for damages arising from the early termination of an agreement that allowed it to distribute an OTT streaming service operated by a web platform. The withdrawal decision was made by the platform contextually to its entering into an exclusive agreement with the Italian telecom incumbent operator for the same service. This breach of contract caused a deterioration of Lear’s client’s commercial offer and the creation of a parallel competitive advantage in favour of the incumbent operator. Lear is currently estimating the damages that its client is suffering due to the breach of contract.

Lear is assisting an Italian firm, active in the wholesale supply to retailers of educational toys for children under its own brand, in a claim brought on by a Swiss firm operating in the same market. Our client has been sued based on an alleged patent infringement for having imported from China and commercialised in several European countries a lower priced product which would exhibit the same key features protected by the patent and, from a final customer point of view, would be practically undistinguishable from the patented product. Lear has analysed the economic assessment of the damages submitted by the claimant, and has developed an in-depth critique, highlighting the flaws of the theory of harm underlying the estimates.

Lear is assisting a major Italian grocery retailer in the context of a damages action brought by one of its suppliers. The supplier is alleging that the decision of the grocery retailer to end its commercial relationship with the supplier amounts to an abuse of economic dependence. Lear has developed arguments and analyses aimed at showing that the relationship between the grocery retailer and its supplier did not represent an instance of economic dependence.

Lear is assisting several producers active in the market for corrugated carboard sheets and corrugated cardboard boxes in the rebuttal of damages claims brought by the producers’ clients active at different levels of the supply chain. The actions for damages are the result of two separate agreements, ascertained by the Italian Competition Authority in 2019, aimed at distorting the dynamics of competition in the market for corrugated cardboard sheets and in the market for corrugated cardboard boxes respectively. Lear’s economists are developing thorough analyses aimed at showing that the requests for damages are unfounded as they suffer from several methodological flaws and cannot therefore be considered reliable.

Lear is assisting a company active in the cleaning services market in a damages action initiated by one of its competitors. The action follows an investigation by the Italian Competition Authority which had found that four companies active in this market had coordinated their bidding behaviour in tenders organized by the government to secure cleaning services for schools across the territory of Italy. Lear is developing arguments seeking to show that the agreement did not have an anticompetitive nature.

Lear has been appointed by a leading company in the postal delivery sector in the context of a damages claim brought by a water distribution company. The water distribution company claimed that the postal delivery company did not comply with all the deliveries foreseen in the tender. Lear’s economists have been appointed as party expert by the postal delivery company in the proceeding before the Court to demonstrate the correct execution of the contract.