Published online by Cambridge University Press: 03 December 2019
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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