Economics Archives

Decoding Transaction Data in Private Competition Law Damage Litigations: Efficient data management in legal proceedings

05/12/2023 Access to Evidence, Cartels, Collective redress, Competition Law, Économie, Private Enforcement, Quantification by Fabrice Van Boeckel

In private damage litigations, the effective management of transaction data stands as a pivotal element in building compelling cases. Transaction data plays a central role in the substantiation of a claim, establishing causation, quantifying damages, and pre-emptively addressing defence strategies.

The intricacies of transaction data management present unique challenges, from handling extensive paper-based evidence to ensuring data relevance, integrity, and compliance with data protection regulations. This article explores the complexities of transaction data management within competition law litigations, offering insight into best practices and the evolving landscape of data management technologies.

Challenges in Quantifying Private Antitrust Damages: Addressing Data Availability and Reliability

16/06/2023 Cartels, Competition Law, Damages Directive, Économie, EU Law, Private Enforcement, Quantification by Natacha Espelta et Fabrice Van Boeckel

This article explores the complexities surrounding the quantification of damages and the issue of data asymmetry in private antitrust damage actions in Europe. It delves into the challenges claimants face in quantifying the actual harm caused by anticompetitive behaviour. The article also discusses the role of disclosure rules in promoting fair access to evidence and proposes potential solutions to mitigate the information disparity between claimants and defendants.

Connor and Lande data: median recovery rates suggest that cartel effects can be five times higher than cartel fines

07/03/2023 Cartels, Économie, Private Enforcement, Quantification by Akos Reger

Many cartels remain undetected by competition authorities. Even if detected, the estimated negative effects of price-fixing cartels on prices can be five times larger than the fines imposed by the authorities. That is, the level of fines is suboptimal. The analysis is based on the dataset of Connor and Lande. It partially contradicts the results of a recent study that suggests effective recovery of cartel injuries when cartels are discovered.

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)

13/09/2022 Access to Evidence, Cartels, Competition Law, Économie, Private Enforcement, Quantification by Théo Mayer et Akos Reger

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.

Antitrust Damages in the Ad-Tech Sector

19/08/2021 Abuse of dominance, Damages Directive, Économie, France, Private Enforcement by Akos Reger

On 22 June 2021, the European Commission confirmed the opening of a formal antitrust investigation into whether Google previously abused or is currently abusing its dominant position in the online intermediation of programmatic display advertising business. Prior to the Commission’s announcement, the French Competition Authority (FCA) had already handed down a decision on 7 July 2021, including a EUR 220 million fine, finding that Google breached Article 102 TFEU and the French Competition Act in the same advertisement sector.

Les dommages et intérêts dans les affaires de position dominante : l’exemple de Google Shopping

29/03/2021 Abuse of dominance, Damages Directive, Économie, Private Enforcement, Quantification by Akos Reger

Si une multitude d’actions en réparation sont régulièrement déposées devant les juridictions de divers pays de l’Union européenne en rapport avec l’article 101 TFUE (pensez, par exemple, à l’abondance des litiges contre les constructeurs de camions), il n’en va pas encore de même pour les affaires d’abus de position dominante. Bien que la Directive régissant […]

Paris Court of Appeal provides guidance on damage estimation in competition law cases and awards EUR 250 million in damages

12/03/2021 Cartels, Économie, France, Juridiction, Quantification by Vera Keraudren et Vasil Savov

Orange Caraïbe et al. vs Digicel Antilles Françaises Guyane On 17 June 2020, the Paris Court of Appeal (Court) delivered its judgment (Orange judgment) in which it ordered Orange to pay EUR 249.5 million (EUR 181.5 million in damages plus EUR 68 million in interest) to Digicel Antilles and Guyana, following the implementation by the […]

Private damages in dominance cases: the example of Google Shopping

16/12/2020 Abuse of dominance, Damages Directive, Économie, France, Private Enforcement, Quantification by Akos Reger

While a plethora of damages claims are regularly filed in front of jurisdictions in various countries of the European Union related to Article 101 TFEU (think, for example, the abundance of litigation against truck manufacturers), the same is not yet true for abuse of dominance cases. Notwithstanding that the Damages Directive is equally applicable to […]

Spanish Trucks Cartel Litigation: Temporal application of EU Damages Directive provisions on limitation and quantification of harm

01/12/2020 Cartels, CJEU, Damages Directive, Économie, France, Limitation Periods, Private Enforcement, Cartel des camions by Natacha Espelta, Juraj Siska et Vasil Savov

In the aftermath of Directive 2014/104/EU (Directive), Spain appears to be one of the most active jurisdictions dealing with antitrust damages cases. In particular, a multitude of Spanish courts have been seized with actions for compensation in relation to the European Trucks Cartel (Case AT.39824-Trucks). In that context, preliminary ruling requests were addressed by Spanish […]

Amsterdam Court of Appeal applies Cogeco principles on limitation periods and confirms validity of assignments in Sodium Chlorate cartel case

05/03/2020 Cartels, CJEU, Économie, Limitation Periods, Pays-Bas, Private Enforcement by Martin Seegers

Introduction On 4 February 2020 the Amsterdam Court of Appeal in a landmark judgment ruled that the claims brought by CDC against Kemira Chemicals Oy (‘Kemira Chemicals’) under Finnish, Swedish and Spanish law are not time-barred. The Court of Appeal is the first national appeals court to apply the Cogeco principles on limitation periods as formulated in 2019 by […]