Investigation Defence Strategy
The most expensive mistakes in an investigation are made in the strategic decisions taken before the first written defence. So that is where we start.
With you across the process
Preliminary inquiry, opening of the investigation, responses to requests for information, first and second written defences, oral hearing, final decision, judicial review and coordination with follow-on damages claims. Legal, commercial and operational dimensions are managed together.
How we work
Independent assessment of the evidence file and identification of its weak points
Economic analysis and market definition work
Research across Board precedent, European Commission practice and CJEU case law
Comparing settlement, leniency and commitment routes against your file in numbers
Preparation of executives and employees for interviews
Oral hearing rehearsal
Evidencing mitigating factors for the fine calculation
Deliverables
Strategy note and scenario analysis · Written defences · Responses to information requests · Oral hearing file · Board-level briefing reports
Who it is for
Undertakings facing a preliminary inquiry or investigation notice, weighing settlement or leniency, or considering judicial review after a final decision.