European Public and Private Antitrust Enforcement: It Takes Two to Tango. (7th July 2014)

• Record Type: Journal Article
• Authors: Veronese, Barbara
• Is Part Of: Journal of European competition law & practice. Volume 5:Number 8(2014)
• Page Start: 563
• Page End: 567
• Publication Date: 2014-07-07
• Subjects: Antitrust law -- European Union countries -- Periodicals; 343.072109405
• DOI: 10.1093/jeclap/lpu073
• Languages: English
• ISSNs: 2041-7764

Abstract

Abstract: The pending Directive sets a standard of "just compensation" for antitrust damages quantification and allows the passing-on defence. As a consequence, to avoid overcompensation, damages quantification will require significant efforts using a robust and fact-based approach. The multifaceted effects of the Directive on private and public enforcement will put economic analysis at the forefront of Art 101 and Art 102 cases. At the onset of public enforcement cases, to devise an appropriate strategy the companies involved will need to engage in an economic assessment of the likely scale of any effects and the potential quantum of damages. Public enforcers may facilitate private enforcement by discussing in some detail the presence and size of effects in their decisions and/ or by assisting courts in the quantification of harm.