Assessing the compatibility of seemingly contradictory statistical evidence in the case of damage estimations (reflections on the article written by Peter Bönisch and Roman Inderst)

In a recent publication, Peter Bönisch and Roman Inderst tackle the delicate issue of the evaluation of seemingly contradictory econometric evidence. Introducing the concept of severity measures, they propose a method to avoid the common obstacles plaguing the interpretation of seemingly conflicting empirical evidence through the practical example of financial damage estimation in follow-on cases. This blog post discusses the ideas presented in the paper.

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When is a truck a truck? Defining the relevant products for cartel damages claims

On 1 August 2022, the Court of Justice of the European Union has ruled in Case C-588/20 Daimler (Ententes – Camions à ordures ménageres) that specialised trucks are covered by the cartel found in the European Commission’s 2016 decision in Case AT.39824 Trucks. The judgment concerns the fundamental and practically relevant question of how to identify the products directly affected by a cartel infringement according to the decision of a competition authority, which in this respect is binding for the civil courts in a follow-on action for damages. As a result, the right of injured parties to access the Statement of Objections sent by that authority to the cartelists prior to the adoption of the decision will gain in importance, especially if this decision has finally been adopted after a settlement.

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