Case in point: Litigation and Dispute Consulting

Client situation: An equipment reseller filed a lawsuit against alleging anti-competitive actions by an original equipment manufacturer (OEM). Grant Thornton was retained by outside counsel to the OEM to serve as its damages expert and prepare a rebuttal expert report that assessed the reseller’s damages calculation. Our report also considered industry, economic and reseller-specific factors that impacted the reseller’s business operations and financial performance.


Response: Response: We assisted counsel in identifying several industry, economic and reseller-specific factors, rather than the OEM’s alleged anti-competitive actions, which led to the reseller’s deteriorating financial performance and bankruptcy filing. We also determined that the reseller’s damages calculation was unreliable because it:

• Incorrectly assumed that the entire decline in the reseller’s business was the result of the OEM’s alleged anti- competitive actions
• Double-counted certain components of the damages calculation
• Was not supported by the company’s financial and accounting records

Outcome: As a result, our client entered into a favorable settlement agreement to resolve the litigation.




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