Chillin'Competition

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?

Slides Lofaro – GCLC Lunch Talk – Estimating damages 22 September