Private enforcement of EU competition law is picking up but still a relatively new phenomenon. When developing private enforcement, the EU lawmakers could benefit from experiences in other jurisdictions, such as the United States. However, in relation to awarding damages for antitrust infringements, the European path seems quite different. Particularly since it is compensatory in nature, private enforcement of EU competition law supports the concept of passing-on of overcharges. By reference to the applicable rules and the upcoming guidelines of the European Commission, this article discusses selected issues in relation to passing-on, such the scope of the relevant presumptions and the courts’ power to estimate as well as the potential difference between legal and economic causation.
Featured News
FTC to Approve Exxon’s $64 Billion Deal with Pioneer Resources, Excludes
May 1, 2024 by
CPI
UK Competition Watchdog Raises Alarm Over Nvidia’s ARM Takeover
May 1, 2024 by
CPI
Sen. Klobuchar Urges Regulators to Probe Collusion in Health Care Pricing
May 1, 2024 by
CPI
Multiple States Join Tennessee’s Antitrust Lawsuit Against NCAA Over NIL Rules
May 1, 2024 by
CPI
NY AG Joins Suit Challenging NCAA’s Restrictions on Student Athlete NIL Rights
May 1, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Economics of Criminal Antitrust
Apr 19, 2024 by
CPI
Navigating Economic Expert Work in Criminal Antitrust Litigation
Apr 19, 2024 by
CPI
The Increased Importance of Economics in Cartel Cases
Apr 19, 2024 by
CPI
A Law and Economics Analysis of the Antitrust Treatment of Physician Collective Price Agreements
Apr 19, 2024 by
CPI
Information Exchange In Criminal Antitrust Cases: How Economic Testimony Can Tip The Scales
Apr 19, 2024 by
CPI