The most striking initial observation when looking at the Commission's track record in 2004-2008 is that its horizontal merger enforcement seems to have ground to a near halt when measured by the number and proportion of prohibition decisions. However, as we argue below, prohibition decisions...

This article discusses two elements that the draft EU Directive on actions for damages treats only perfunctorily. The first concerns lucrum cessans or the quantity effect which is found to be of a relatively higher magnitude than the price effect. The second concerns the difficulties of...

The European Parliament and the Council recently adopted the damages directive that is currently being transposed into national law in all EU member states. This concludes the policy initiative of the European Commission that aimed at bolstering damages actions in the EU. Based on the heads of...

The European Commission's remedial practice displays important differences in the type of remedies accepted in merger as opposed to antitrust cases. This paper briefly reviews the Commission's remedies practice over the last 14 years highlighting the differences and discussing inconsistencies....

The quantification of damage due to price overcharges necessarily involves the estimation of pass-on. This paper clarifies that pass-on is simply another way of describing the optimal reaction of firms to changes in their environment. It also addresses common misconceptions about a firms'...

In recent years, reverse payment settlements in the pharmaceutical industry have attracted the attention of US and European competition authorities. Originator pharmaceutical companies facing patent challenges from generic companies may be incentivized to reach terms of settlement prior to a...

Market definition is one of the most important analytical tools for competition authorities to examine and evaluate competition problems. By defining a relevant market, then calculating and assigning market shares, competition authorities seek to assess the market power of firms, which is of...

German Abstract: Unter Weiterwälzung wird die Veränderung des Preises eines Gutes oder einer Dienstleistung aufgrund einer Kostenänderung in der Produktion dieses Gutes oder Dienstleistung verstanden. Im Zusammenhang mit Kartellschadensersatzklagen ist die Ermittlung der Weiterwälzungsrate...

The principles underlying the quantification of damage are universal. Differences between jurisdictions therefore do not originate in economics. In a cartel, the damage of direct purchasers arises from the portion of the price increase that is not passed on to indirect purchasers together with...