German Abstract: Fragen der Weiterwälzung von Preisaufschlägen sind für die Quantifizierung von Schäden durch Wettbewerbsverstöße zentral. In Maier-Rigaud/Heller/Hanspach (2019) wird der konzeptionelle Hintergrund der Weiterwälzung zusammen mit sechs in der Rechtsprechung anzutreffenden...

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...

This paper discusses the asymmetric use of structural remedies in merger control and antitrust in EU competition law. This asymmetry is explained by what is considered an erroneous legal perception concerning the subsidiarity of structural remedies over behavioural ones under Article 7 of...

In this article the forgotten role of prices in the analysis of vertical effects is described. While at least some vertical restraints have the potential to entail anticompetitive harm, it is demonstrated that competition law may be overshooting the mark if no account is taken of both, the...

The damages directive recently adopted by the European Parliament and the Council contains a rebuttable presumption regarding the damage presumably caused by cartels. This rebuttable presumption, while allowing a reversal of the burden of proof which may be procedurally justified in facilitating...

This paper discusses the ubiquity of damage resulting from competition law violations. Umbrella pricing is considered but one instance of quantifiable damage of potentially substantial magnitude occurring outside the vertical chain typically considered the relevant locus of damage resulting from...

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...

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...

Effective competition in the gas sector can only develop further if entrants have access to gas, to the networks needed for transporting the gas and also to customers. This paper discusses network access or, in other words, foreclosure of gas networks in light of recent cases by national...