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Regulation, antitrust and experts’ economic opinions

Experts’ economic reports in controversies, arbitration processes, and damage estimations

We contribute to arbitration cases and controversies with a robust and independent economic and financial analysis that allows the estimation of economic damages caused by the alleged default or breach under scrutiny. In the case of administrative proceedings, potential sanctions are also calculated.

We have prepared economic reports for four arbitration processes involving controversies accounting for approximately $1.5 billion in damages and sanctions, in the pension, fishery, transport, and energy sectors.

Experiences

Economic advisory in an electricity sector arbitration proceeding

We issued a technical opinion regarding the existence and quantification of the damages (lost profits) suffered by an electricity company as a consequence of a design defect in one of its power plants. The damage estimation was carried out through an engineering-economic methodology that estimated the amount of energy that would have been generated, considering the real values of the Vilcanota River’s water volume during the period of the delay. On this basis and considering the spot market prices, we developed the corresponding economic calculations and determined the economic loss of not being able to sell energy and power in the spot market.

Damage estimate in the cement industry

We issued a technical opinion on the existence and quantification of damages caused by a company through the delay and non-viability of a project agreed upon under a shareholders agreement. Given that the project had not yet been executed, the appraisal of the damage was based on a business model. For this purpose, we evaluated all of the premises and scenarios of the model based on available information at the date of the project’s conception. This required a deep understanding of the sector’s dynamics and of the productive process relative to cement.

Technical opinion on a sanction imposed in the mining sector

We issued a technical-economic opinion on a first instance resolution issued by Osinergmin, establishing a sanction to a mining company. This sanction was applied as a result of the use of a mine tailing deposit over the authorized level of 3,720 masl. Our assessment required the review of the consistency of Osinergmin´s methodology and calculations for determining the sanction, an analysis of the magnitude of the damage and of the protected public good, the determination of counterfactual scenarios to the authorized level, and the estimation of the alleged. Finally, the sanction proceeding was dismissed.

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