Lianos, Ioannis; Lombardi, Claudio; (2023) Causation. In: Rodger, Barry and Ferro, Miguel and Marcos, Fransisco, (eds.) Research Handbook on Private Enforcement of Competition Law in the EU. (pp. 204-238). Edward Elgar: UK.

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Abstract

Chapter 9 stresses that causation is an essential feature of damages cases for infringements of competition law. The Chapter explores the conceptual foundations of causation in competition law in this context, with the aim to provide a general introduction to the challenges that the requirement of a causal link poses to competition law enforcers, judges or competition authorities, in particular in a complex factual setting. It explores the interplay between the national and EU levels in regulating legal causation in competition law damages cases, the presumptions that have developed in order to facilitate evidence of a causal link, the thorny issue of establishing causation for the indirect victims of anticompetitive conduct, and new challenges in establishing the causal link, in particular the counterfactual test in situations of factual uncertainty, the complexities of establishing causation on the basis of economic and econometric evidence as well as data science evidence. Finally, the Chapter delves into the analysis of the legal aspects for the quantification of damages and some related issues for passing-on.

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