The Proof on the Quantification of the Damage in Assumptions of Defense of Competition. (Spanish Law)

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The Proof on the Quantification of the Damage in Assumptions of Defense of Competition. (Spanish Law)

By Enrique Sanjuan (University of Malaga) 

In the present work, we focus on the test on the quantification of damages in cases of private actions for infringements of competition law and on the adaptation of the Spanish regulations to the Damage Directive of 2014. In the first part, we analyze the quantification of damages and the burden of proof distinguishing the cases of evidentiary burden with respect to the infringement and evidentiary burden with respect to the quantification. From there, the ordinary assumptions of those that establish some type of exceptions are discriminated. In the second part, we focus on the test on quantification and the different aspects that the latter can offer us in terms of the existence of leniency programs, resolutions of other courts, direct purchases, indirect or third-party damages, etc. The objective is to determine the existence of differences in each of the sections that we point out and the judicial criteria that should preponderate in each of them.

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