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Common Market Law Review
Journal Prestige (SJR): 0.935
Citation Impact (citeScore): 1
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ISSN (Print) 0165-0750 - ISSN (Online) 0165-0750
Published by Kluwer Law International Homepage  [21 journals]
  • Eu and National approaches to Passing on and Causation in Competition
           Damages Cases: A Doctrine in Search of Balance
    • Abstract: In dealing with defences raised in damages claims following competition infringements, national courts have often adopted an openly “legal approach” to passing on, rather than a more economic approach which would, in theory, lead to a more accurate allocation of losses between different levels of the production or distribution chain affected by a competition infringement. This article examines whether such “legal approaches” infringe the rules on passing on and the principle of full compensation set out in EU law, e.g. the EU Damages Directive. Legal approaches to passing on must comply with European law, and must not be such as to make it practically impossible or excessively difficult to rely on passing on. As this article shows, there is nothing to prevent such an objective from being achieved through the deployment of national doctrines on the calculation of damages or on the basis of national rules of evidence and causation, as national courts have been doing.
      Content Type Journal Article
      Part of Volume 55, Issue 6
      Pedro Caro de Sousa, DPhil Oxon, Expert at the OECD
      Journal Common Market Law Review
      Online ISSN 0165-0750
      ISSN 0165-0750
      PubDate: Fri, 01 Feb 2019 12:00:00 +000
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Heriot-Watt University
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