LAW AND ECONOMY : PASSING ON DEFENCE - DEFINITION – FUNDAMENTAL NOTIONS - EUROPEAN COMMISSION - POSITION - ECONOMIC EVALUATION‘ CRITERIA

The passing-on defence theory

This set of three papers are derived from the training session on the “Passing on defence” organized by Concurrences Review that has held on 5th July 2011 in Paris. The first contribution written by the economist Emmanuel Combe is dedicated to the definition of the fundamental notions. The second contribution, written by Me Igor Simic, provides us with the point of view of the different jurisdictions and with the European Commission’s position in the matter. The last contribution,by Mr Francesco Rosati is dedicated to the economic evaluation’ criteria of the passing on defence.

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. The Passing-on defense. An economic introduction Emmanuel COMBE Professor at the University of Paris 1; Affiliate Professor at ESCP Europe The rise in European competition lawsuits for damages, which was largely encouraged by the European Commission in the name of the full effectiveness of the competition rules, has led to the emergence of new issues, the most important of which are the assessment of damages and their distribution among the various victims of an anti-competitive practice. Take the case of cartels: contrary to popular belief, these practices often do not affect final consumers directly, especially when they involve intermediate

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Authors

  • French Competition Authority (Paris)
  • RBB Economics (Brussels)
  • Darrois Villey Maillot Brochier (Paris)

Quotation

Emmanuel Combe, Francesco Rosati, Igor Simic, The passing-on defence theory, December 2011, Concurrences N° 4-2011, Art. N° 39102, www.concurrences.com

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