Comparative analysis between the English, Dutch and French approaches to passing-on in competition cases

Several legal topics regarding cartel damages litigation have drawn special attention over the last few years, including the passing-on defence. ‘Passing-on’ in competition cases is where overcharges caused by a cartel, which affect the customers of the cartelists (direct purchasers), are passed-on by these purchasers to buyers further down the supply chain (indirect purchasers). Cartel members regularly invoke this defence as a (partial) shield against a claim for damages. The EU Damages Directive contains two important presumptions in connection to passed-on damages. This article undertakes... Mehr ...

Verfasser: Barennes, Marc
Bossen, Tessel
Bousie, Hans
Subrémon, Sarah
Dokumenttyp: Artikel
Erscheinungsdatum: 2021
Reihe/Periodikum: Competition Law Journal ; volume 20, issue 3, page 134-138 ; ISSN 1476-9085 2516-5771
Verlag/Hrsg.: Edward Elgar Publishing
Sprache: unknown
Permalink: https://search.fid-benelux.de/Record/base-28980985
Datenquelle: BASE; Originalkatalog
Powered By: BASE
Link(s) : http://dx.doi.org/10.4337/clj.2021.03.03

Several legal topics regarding cartel damages litigation have drawn special attention over the last few years, including the passing-on defence. ‘Passing-on’ in competition cases is where overcharges caused by a cartel, which affect the customers of the cartelists (direct purchasers), are passed-on by these purchasers to buyers further down the supply chain (indirect purchasers). Cartel members regularly invoke this defence as a (partial) shield against a claim for damages. The EU Damages Directive contains two important presumptions in connection to passed-on damages. This article undertakes a comparative analysis of how the courts in the Netherlands, France and England and Wales apply these presumptions in practice in their case law.