The UK Government publishes a consultation on private actions in competition law proposing a rebuttable presumption of 20% price rise for damages against proven cartels

Article published on Centre for Competition Policy blog.

A Rebuttable Presumption of 20% Price Rise for Damages against Proven Cartels?* The UK Government yesterday published a consultation on private actions in competition law. It includes a suggestion that there should be a rebuttable presumption that the cartel has resulted in higher prices. 20% is offered as a possible presumed increase due to the cartel. This is an excellent idea and should be widely supported. The only room for debate should be over the precise presumption to adopt and whether to extend this approach beyond cartels. Even when a cartel has been successfully prosecuted by the OFT, the current burden of proof is that a customer seeking damages has to prove how much she has been harmed. It is as if the presumption is that the proven cartel did not raise prices. If that

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • University of East Anglia

Quotation

Bruce Lyons, The UK Government publishes a consultation on private actions in competition law proposing a rebuttable presumption of 20% price rise for damages against proven cartels, 24 April 2012, e-Competitions Bulletin April 2012, Art. N° 45988

Visites 174

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues