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Category: Law Articles

Antitrust Damages Claims and the Quantification of Harm

A major difficulty encountered by courts and parties in antitrust damages actions is how to quantify the harm suffered. Quantification is based on comparing the actual position of claimants with the position they would find themselves in had the infringement never occurred. In any hypothetical assessment of how market conditions and the interactions of market

Antitrust Damages Actions and the Passing-On Defence

Directive 2014/104 establishes that any person who has suffered harm caused by a competition law infringement may claim full compensation for that harm. This includes the possibility of indirect claims, which arise when those that are not directly affected by such an infringement (notably, indirect purchasers) are nevertheless harmed as a result of changes in the behaviour of directly affected firms (the direct purchasers) as well as, potentially, other intermediate firms.

Antitrust Damages Claims: Stop Leaving Money on the Table

EU countries allow individuals and companies to claim compensation for the harm suffered as a result of an infringement of the competition rules. Injured parties are allowed to seek compensation for both the actual loss suffered and for the gain of which they have been deprived plus interest. Awarding compensation is exclusively in the domain of national courts and civil law.

TESTIMONIALS

Litigation funding allows lawsuits to be decided on their merits, and not based on which party has deeper pockets or stronger appetite for protracted litigation.
New York Supreme Court Justice Eileen Bransten

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