TENDANCES : COMPETITION DAMAGE - COMPETITION AUTHORITIES - ACADEMICS - PRACTITIONERS - COMMON PRINCIPLES - SPECIFIC APPROACH

Competition damage evaluation: A short state-of-play

This mini-symposium takes stock of practical advances in competition damage evaluation. Combining perspectives from competition authorities, academics and practitioners respectively, it shows the existence of common principles and a set of widely accepted methods to calculate damages that may have resulted from competition law infringements. Assessing these damages requires a case-specific approach and cannot be based on general presumptions. Depending on available data and the nature of the practices considered, one or several methods may apply successfully. Pass-on issues can also be dealt with from first economic principles. Given the improved understanding of their main principles, of their practical reach as well as limitations, and a growing body of experience relying on their conclusions, economic evaluations of damages are bound to play a key evidential role in competition damage litigations.

Competition damage evaluation: A short state-of-play Introduction David SÉVY Economist 1. For several years, the European Commission has attempted to encourage private damage claims as a follow-on to competition infringement decisions. Starting from the observation that these claims were underdeveloped, partly as a result of widely heterogeneous treatment by national courts, several steps have been taken to provide a unified legal framework within which to handle them. Beyond this general framework, however, the quantification of damages remains a crucial practical issue, all the more so because it has widely been perceived as a difficult and hazardous exercise, especially for judges who are called upon to handle these litigations. 2. This mini-symposium offers a prime perspective

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Authors

  • Compass Lexecon (Paris)
  • CRA International (Brussels)
  • Oxera (Oxford)
  • RBB Economics (Brussels)
  • KU Leuven
  • Oxera (Oxford)

Quotation

David Sevy, Raphaël De Coninck, Gunnar Niels, Theon van Dijk, Frank Verboven, Robin Noble, Competition damage evaluation: A short state-of-play, September 2010, Concurrences N° 3-2010, Art. N° 31866, www.concurrences.com

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