LAW AND ECONOMY : PROCEDURES - EUROPE - CARTELS - ACTIONS - CARTEL OVERCHARGES

Cartel damages actions in Europe: How courts have assessed cartel overcharges (2018 ed.)

In its third edition, this study reveals that courts in Europe have handed down judgments in at least 144 cartel damages actions. These cases come from 13 countries, and they follow more than 53 cartels. In these judgments, courts have given many insights on how to assess cartel overcharges.

1. This study’s primary objective is to analyse how national courts in Europe have assessed cartel overcharges. In addition, it also provides figures on how cartel damages actions are developing (how many cases were judged, in which countries, with which results, etc.). It was completed with the help of lawyers, law professors, experts and economists from 30 European countries. Judgments in cartel damages actions have been systematically identified, compiled, translated and analysed. This article is presenting the results of this research. [1] 2. Section I describes the methodology followed. Section II provides general figures on the cases gathered. Section III analyses the damages awards, and also the reasons for dismissals. Section IV focuses on mitigation and passing-on. And

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Jean-François Laborde, Cartel damages actions in Europe: How courts have assessed cartel overcharges (2018 ed.), February 2019, Concurrences Review N° 1-2019, Art. N° 88877, www.concurrences.com

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