Slides – GCLC Lunch Talk on Quantification of Damages
I attach the slides presented by A. Lofaro at today’s lunch talk. A great event, which triggered a very interesting discussion.
Some things that arose from the debate with the audience + some ruminations:
- The non binding guidance on which the Commission works will include something on exclusionary abuses
- The Commission is not incline to provide guidance on quantification in its decisions
- The Commission does not intend to make a specific, pro-active use of the instruments under Regulation 1 (article 15) to provide guidance on compensation
- Peter Roth suggested that as part of settlement discussions, the parties to a cartel could also commit to a certain amount as compensation
- On passing-on, I would advise consulting the non-competition EU case law
- In terms of counterfactual price, why not use the price that follows Commission enforcement as the competitive benchmark?