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Assessment of damages in the retail electricity market for alleged unfair commercial practices – ongoing

Lear is assisting a leading operator in the electricity retail market in a damages action started by a competitor. The competitor claims that Lear’s client has implemented unfair commercial practices aimed at winning back customers switched to the competitor. Lear developed economic arguments aimed at showing that the request for damages was unfounded as the alleged loss of clients was not causally attributable to Lear’s client and, in any case, the damages quantification suffered from several methodological flaws and could not therefore be considered reliable.