OFT response to EC consultation on damages actions

OFT response (23 pages, PDF) to the DG Competition consultation on damages actions for breach of the Article 81 and Article 82 prohibitions. Like the DG Competition consultation, the OFT's paper focuses on cartel damages. The paper includes a suggested procedure based on a system of presumptions for allocating damages across the supply chain in cartel cases where the passing-on defence is relevant.

Comment (April 2007): The OFT thinks that it "may be appropriate for there to be a rebuttable presumption that the cartel has resulted in a price increase of, for instance, 10 per cent". Surely not: this would be a complete departure from the principle that the claimant has to make good his claim, and seems designed to create an injustice against infringers who do not have the resources or skill to rebut the presumption. Franck

For further information or advice please contact Franck Latrémolière.

Filed under OFT.

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