Competition: Commission publishes study on quantifying antitrust damages
- Sweden
- 01/28/2010
- Roschier, Attorneys Ltd. - Sweden
The Commission published a report prepared by Oxera on quantifying antitrust damages. In the White Paper on Damages Actions on Breach of the EC Antitrust Rules, the Commission committed to provide guidance on the quantification of damages, which was found to be one of the obstacles preventing private antitrust damages claims. The report aims to assist the Commission in developing its guidance. According to the report, the guidance will need to take into consideration two objectives. The first is calculating the value of the damage caused by a breach of the antitrust rules. The second is to remove obstacles to private damages actions through more effective access to justice via approaches that are clear and easy to apply and that fit within the existing legal framework. The report sets out a framework for the estimation of damages and distinguishes the damage types that hardcore cartel behavior and exclusionary behavior may cause. It concludes that there are methods and models available that can be used to estimate damages and that the choice will depend on the details of each case. Source: Commission web pages
(http://ec.europa.eu/competition/antitrust/actionsdamages/quantification_study.pdf) 19/1/2010
