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Level 14 5 Martin Place
Sydney, NSW 2000, AU

Tel: +61.2.8123.0999

A local presence in Sydney allows us to support to our clients in Australia and the greater Asia-Pacific region through face-to-face collaboration and efficient access to Brattle’s global resources, including our network of academic and industry experts in North America and Europe.

Infrastructure Regulation
Brattle advises clients in disputes concerning infrastructure access, pricing and restructuring. Our clients are infrastructure owners, users, regulators and policymakers in the electricity, gas, water, telecommunications and transport sectors. We draw on expertise in the economic theory of infrastructure regulation, as well as deep institutional knowledge in Australia and internationally. In Australia, we have advised on the design of markets for gas pipeline capacity trading, integration of demand-side resources into wholesale electricity markets, and improving the operation of retail markets.
Transfer Pricing and Tax Disputes
Brattle experts apply financial and economic expertise and in-depth research into commercial activities to address key questions in transfer pricing disputes. Our transfer pricing work in Australia has covered multiple sectors, and we have provided expert opinions both for tax planning purposes and in the context of litigation. Our experts provide opinions on arm’s-length pricing that are consistent with the economic principles set out in relevant OECD and Australian Tax Office guidelines.
Electricity Market Design
We assist market participants and policymakers with important market design questions in all of the major electricity markets across Europe, Australia, and North America. Brattle has run detailed simulations of electricity markets to quantify the impacts of changes in market rules and market structure. In Western Australia, we have advised in connection with the redesign of the capacity market construct to reduce the costs to consumers of excess surplus capacity, while continuing to meet reliability standards. In the National Electricity Market we have advised on topics including transmission network pricing, active participation of demand-side resources in the wholesale market, and the impacts of environmental policies on the electricity market.
Gas Contract Arbitration
Brattle experts have provided economic analysis in arbitrations relating to the price reset provisions typically found in long-term gas contracts. We advise on the economic logic of the reset provisions, as well as wider gas market developments, to recommend the scope of discovery requests and determine the relevance of discovered information. We have analysed the economic relevance to contract price of discovered data, such as terms in comparable gas supply contracts governing flexibility, reliability, delivery points, and price escalation. Our team has provided expert testimony on behalf of producers and purchasers in a dozen arbitrations in both Eastern and Western Australian markets.
Brattle has been involved in a number of prominent competition matters in Australia and Asia over the past decade, including matters before the Federal Court of Australia and the Australian Competition and Consumer Commission. We have provided assessments of the impact of alleged collusion in the packaging industry and air cargo transportation, as well as assessments of the competitive impact of certain practices involving payment cards and video programming. We have acted as experts in litigation between parties over allegedly anti-competitive practices.
Innovative Retail Pricing of Electricity
We assist regulators and utilities in Australia and Asia with “smart” electricity rate design and measures to enable efficient consumption behavior. We bring comprehensive experience with various forms of innovative pricing, including time-of-use pricing, critical peak pricing, peak time rebates, and real time pricing. In Australia, we have advised clients on the implementation of dynamic pricing to raise load factors and lower average energy costs for all consumers, without harming vulnerable consumers. In Hong Kong and Singapore, we evaluated pilot programs on time varying rates for residential and small C&I customers and on technology-based systems to provide better consumption information to customers.
Experts at The Brattle Group have provided economic analysis in some of the most prominent securities class actions in Australia. Our experience includes economic analysis of liability, causation and damages. In shareholder class actions our analysis has involved tests of market efficiency, equity market analysts’ responses to news, stock price event studies, discounted cash flow valuation, benchmarking financial performance, and accounting misstatements.
Valuation & Damages
Brattle brings expertise in financial economics and markets to damages analyses in the context of litigation and arbitration. We quantify complex damages, develop sophisticated financial models, implement option valuation and simulation methods, and conduct econometric and statistical analyses. We also perform valuations in the context of capital budgeting, business strategy, mergers and acquisitions, regulation, and bankruptcy or restructuring. In Australia, we have valued assets and businesses across a range of industries with a focus on energy, infrastructure and resources.

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