Private enforcement versus public enforcement: How to assess the damage?

Law & Economics Workshop organized by Concurrences Review in partnership with Magenta and Oxera.

Vincent Jaunet

Damage to the economy encompasses all aspects of the disruption that an anti-competitive practice is likely to cause to the competitive functioning of the activities, sectors or markets concerned, as well as to the economy in general. It is an element in the determination of the penalty. It is much broader than the damage suffered by the victims, which corresponds only to the material or non-material damage caused by the third party against whom they are acting. The damage expresses the extent of what must be repaired, and as such must be precisely assessed by the courts, unlike damage to the economy, which does not have to be quantified by the Competition Authority. Paradoxically, the Competition Authority is therefore confronted with a lower standard of proof despite having far greater resources than the courts.

The question of evidence

Nathalie Dostert

Companies and their lawyers have a real job to do in quantifying the harm to be done in their claims for compensation. The Tribunal is already promoting the production of economic reports, hearing from experts, but also from businesses, not to mention clients.

Photos © Léo-Paul Ridet.

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