LAW AND ECONOMY : COMPETITION LAW - PRIVATE ENFORCEMENT – ANTITRUST FOLLOW-ON DAMAGE

Private enforcement: Current issues

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This set of three papers is derived from the training session on the Private enforcement organized by the Concurrences Review that has held on 5th July 2012 in Brussels. In the first contribution, Frederic Jenny, chairman of the OECD Competition Committee, describes the main economic and legal issues. The second contribution by Mark Powell partner at White & Case in Brussels, gives us the point of view of the lawyer in Germany and in Hungary. David Sevy, economist in Paris and Brussels at CompassLexecon and author of the last contribution, proposes an economic perspective on private enforcement in antitrust follow-on damage litigation. The author first addresses the economic rationale of private enforcement in antitrust, then discusses some practical aspects of its implementation by commercial courts. These regard the choice of assessment methods, the existing knowledge in respect of cartel overcharges and its use in litigation, as well as the use of rebuttable presumptions to orientate assessment of damage by courts.

Private enforcement: Current issuesA Survey of the main economic and legal issues Frederic JENNY Chairman, OECD Competition Committee, Paris. Professor of Economics, ESSEC, Paris Over the last decade, there has been a lively debate about the ability of courts to understand complex economic issues and about the efficiency or inefficiency of the civil enforcement of competition laws. This, debate has been fueled in Europe by the European Court of Justice Courage v. Crehan [1] judgment in which it held that the exercise of the rights of victims of antitrust practices to claim damages for loss suffered as a result of the infringements not only enables them to be compensated but also will deter anti-competitive conduct. This judgment and the widely held view that civil enforcement of

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