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Conclusion

Published online by Cambridge University Press:  03 December 2019

Claudio Lombardi
Affiliation:
Kazakhstan Institute of Management, Economics and Strategic Research
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Summary

Causation in competition law damages actions shows peculiarities that distinguish it from any other tort in civil law and common law countries. Antitrust damages claims are based on pure economic losses made compensable by the violation of statutorily protected interests and EU laws (Articles 101 and 102 TFEU). The claims are therefore based on losses caused by actions distorting market dynamics which negatively affect the assets of undertakings or consumers operating in the same market. The wide range of subjects and heads of damages involved in this process make the identification of the causal link a particularly difficult task for parties and judges. In confirmation of this, the analysis of national case law suggests that claimants are often discouraged from bringing damages claims characterized by high causal uncertainty.

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Publisher: Cambridge University Press
Print publication year: 2020

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  • Conclusion
  • Claudio Lombardi
  • Book: Causation in Competition Law Damages Actions
  • Online publication: 03 December 2019
  • Chapter DOI: https://doi.org/10.1017/9781108552509.010
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  • Conclusion
  • Claudio Lombardi
  • Book: Causation in Competition Law Damages Actions
  • Online publication: 03 December 2019
  • Chapter DOI: https://doi.org/10.1017/9781108552509.010
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusion
  • Claudio Lombardi
  • Book: Causation in Competition Law Damages Actions
  • Online publication: 03 December 2019
  • Chapter DOI: https://doi.org/10.1017/9781108552509.010
Available formats
×