Luís Campos, Manager in the Competition Practice at Frontier Economics, spoke today at the Concurrences Lunchtalk in Paris on damage assessment in private enforcement. As one of three panellists, Luís provided an economist’s perspective on the challenges of estimating damages and the concept of full compensation, drawing on Frontier’s extensive experience in private enforcement and follow-on damages work. Florence Ninane (Allen & Overy) and Frédéric Jenny (OECD) were the other two panellists alongside Luís.
The seminar tackled the question of how the right to full compensation for harm caused by an infringement of EU antitrust rules (Articles 101 and 102), stipulated by the Damages Directive and its transposition into French competition law, can be implemented in practice. Drawing on both legal and economic insights, the three panellists discussed some of the key challenges associated with the robust estimation of damages caused by anticompetitive behaviour. In particular, the discussion highlighted:
- The difficulties in adapting economic analysis to the specific industrial context relevant for the claim
- The need to assess damage in relation to multiple direct and indirect elements in a claim
- Difficulties in proving damage when there is only a distant link between the infringement and the alleged damage
Concurrences is a quarterly peer-reviewed journal that is released to discuss national and European Union competition laws.
Frontier regularly advises clients in establishing or defending allegations of a breach of Article 101 or Article 102 TFEU (or related national provisions) before the courts, and in follow-on actions after competition authorities have made decisions.
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