Quantification of Damage in the EU At A Glance

Fri Oct 14 11:49:00 EDT 2016
Capabilities and Services

Competition law infringements such as cartels and abuses of dominant position cause economic harm to consumers and businesses. Victims of such infringements can seek compensation for damage suffered. Defendants, in addition to the fines imposed by the competition authorities, often face potentially enormous private damages claims. The efforts by the European Commission to bolster the private enforcement of competition law by encouraging more damages claims in Europe have contributed to an increase in such actions in European courts – particulary in Germany, the UK, and the Netherlands. In addition, there is an unknown number of confidential disputes outside court involving often substantial claims.

NERA has been involved in the quantification of damages supporting defendants and claimants in the US and the EU for many years. This includes extensive work on a wide range of international and national cartel damage cases. In Europe in particular, NERA staff have worked on the quantification of damage in such contexts as the cartels in air cargo services, cement, coffee, freight forwarding, gas insulated switchgear, gas pipelines, liquid petroleum gas, rail tracks, roof tiles, and sugar as well as the manipulation of reference rates such as the LIBOR. NERA experts have taught European Commission-sponsored training seminars on quantification for judges, and have published on damage estimation in the contexts of US, European, and national law as well as on the empirical tools underlying quantification.