The Milan Court of Appeal welcomes the counterfactual scenario in a follow-on action for damages (Brennercom / Telecom Italia)

One of the main issues involving the implementation of the Damages Directive [1] concerns the quantification of damages claimed by the victims of anticompetitive conducts before national judges in follow-on actions. Indeed, the directive grants the right to full compensation to the victims of competition law infringements, namely the right to compensation for actual loss and loss of profit, plus the payment of interest. [2] According to this, the European Commission and national judges are committed to find out a reliable method that can be coherently used to quantify the damages. In this article we intend to discuss an Italian leading case that could be meant as a useful benchmark for the upcoming follow-on actions. The facts of the case The Italian Competition Authority (Autorità

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Authors

  • NCTM - Studio Legale Associato (Milan)
  • LUISS Guido Carli University (Rome)
  • LUISS Guido Carli University (Rome)

Quotation

Alessandro Marra, Cesare Pozzi, Alfonso Cardarelli, The Milan Court of Appeal welcomes the counterfactual scenario in a follow-on action for damages (Brennercom / Telecom Italia), 23 November 2016, e-Competitions Bulletin November 2016, Art. N° 87936

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