This paper contributes to the recent debate, on the private enforcement of the antitrust laws and the assessment of damages for antitrust infringements. We focus on the calculation of damages resulting from unilateral practices leading to anticompetitive foreclosure, and thus infringing Article 102 TFEU (former Article 82 EC). The aim of the paper is to provide a conceptual framework which would help analysts to identify the different components of damages in this type of cases and then discuss its implementation. It also highlights the specificities that arise when damages result from foreclosure rather than cartels and other infringements of Article 101 TFEU (former Article 81 EC).
Damages for exclusionary practices: a primer
Fumagalli, Chiara;Polo, Michele
2010
Abstract
This paper contributes to the recent debate, on the private enforcement of the antitrust laws and the assessment of damages for antitrust infringements. We focus on the calculation of damages resulting from unilateral practices leading to anticompetitive foreclosure, and thus infringing Article 102 TFEU (former Article 82 EC). The aim of the paper is to provide a conceptual framework which would help analysts to identify the different components of damages in this type of cases and then discuss its implementation. It also highlights the specificities that arise when damages result from foreclosure rather than cartels and other infringements of Article 101 TFEU (former Article 81 EC).File | Dimensione | Formato | |
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Damage for exclusionary practices - Fumagalli.pdf
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