Dr. José Antonio García is a principal of The Brattle Group and heads the firm’s Madrid office.
He is an expert in economic and financial analysis and regularly provides advice on litigation matters as an expert witness. He offers particular experience in the estimation of damages in a variety of industries, including the energy, bank-assurance and telecommunications industries. He has more than seventeen years of experience advising clients on regulation, restructuring policy and competition in the United States, Latin American and Europe.
Dr. García has provided expert witness testimony in Spanish court proceedings and international commercial and investment treaty arbitrations, including contractual disputes between shareholders, disputes arising out of commercial transactions and claims between investors and sovereign states under the Energy Charter Treaty. His expert witness testimonies have addressed the reasonableness of actions undertaken by sovereign states and the financial impacts of their actions on investors.
He has worked on disputes related to actions undertaken by different governments, including the government of Spain, the United States, Republic of Peru, Argentina, Guatemala, and México, among others. He has presented and/or ratified expert testimony at the Court of Arbitration of the Official Chamber of Commerce and Industry of Madrid, the International Court of Arbitration of the International Chamber of Commerce, the Inter-American Commercial Arbitration Commission, the International Centre for Settlement of Investment Disputes, as well as ad hoc proceedings under the United Nations Commission on International Trade Law Arbitration Rules.
Prior to moving to Madrid, Dr. García spent five years in Brattle’s Washington, DC office.
Expert report on the European Commission’s formal investigation into potential State Aids to distribution companies in Spain in the form of low regulated industrial tariffs for electricity. The analysis was performed on behalf of Endesa, a Spanish utility company, and demonstrated that the European Commission’s concerns were based on a misunderstanding of the tariff methodology employed in Spain.
Expert testimony prepared for a group of foreign photovoltaic investors in Spain, under the arbitration rules of the UNCITRAL and in the matter of a dispute arising under the Energy Charter Treaty against the Kingdom of Spain. The claims arose from changes to the Spanish regulatory framework for photovoltaic installations.
Expert report and oral testimony on behalf of PROMARCA (the National Brands Spanish Manufacturers’ Association). The study evaluated the impact of private labels on the competitiveness of the Spanish food supply chain. It also analyzed the impact of market concentration and the expansion of private levels on final prices, quality, and innovation.
Both the expert testimony and the expert report were performed on behalf of AVIVA, a British multinational insurance company in Spain, related to the estimation of economic damages as a result of the potential breach of a contract by BANCAJA (and BANKIA). The potential breach was of the bancassurance exclusive alliance between BANCAJA and AVIVA for the development, marketing, and banking distribution of personal insurance and pension plans through the BANCAJA network.
Expert witness reports on behalf of France Telecom Spain related to an open investigation by the National Competition Authority and linked to a claim from BT Spain that Orange, Telefónica, and Vodafone, had engaged in an unlawful price squeeze in the market for fixed and mobile services for business users.
Expert Testimony in an arbitration matter under the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL) in a dispute arising under the Energy Charter Treaty between a group of fourteen photovoltaic foreign investors claimants against the Kingdom of Spain
September 2012
Expert Testimony, at the Corte de Arbitraje de la Cámara de Comercio de Madrid, in relation to the estimation of damages arising from the potential breach of a contract by BANCAJA (and BANKIA) concerning a bancassurance exclusive alliance between BANCAJA and AVIVA for the development, marketing, and banking distribution of personal insurance and pension plans through the BANCAJA network
July 2012 (ratified)
Expert Testimony at the Audiencia Nacional de Madrid, in relation to an antitrust case arising from the alleged abuse of dominant position by a Spanish utility concerning the competitive role of the distribution client’s database, SIPS, in the Spanish electricity market
January 2011 (ratified)
Expert Testimony at the Juzgado Mercantil de Barcelona, in relation to the estimation of damages arising from the alleged abuse of dominant position by a Spanish utility concerning the competitive role of the distribution client’s database, SIPS, in the Spanish electricity market
October 2010 (ratified)
Before joining The Brattle Group, José worked for Lexecon, Ltd. in London, Copenhagen Economics in Copenhagen, and NERA in Madrid. During the summer of 2001 he was awarded a visiting research grant at Boston University. José enjoys being active outdoors: playing soccer, scuba diving, and skiing. When he was younger, he played for the professional soccer team U.D. Salamanca in Spain. He is looking forward to practicing his soccer game with his young son, Bruninho (half Brazilian, half Spanish).