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...

The implementation of leniency programs is considered a success both at a EU Community level and in individual member states. The paper discusses the value of ex officio investigations for cartel detection in light of leniency and complaint-based cases. Are ex officio investigations still...

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...

• When a supplier has multiple uses for its product, its sales-based share in a market may provide more useful first indications of its market power in that market than its production- or capacity-based share.• In particular, the small sales share of a supplier in a market suggests that its...

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...

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...

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...

The article critically examines the European Commission's decision in the four-to-three merger between Telefónica Deutschland and E-Plus. Despite the explicit recognition of the importance of vertical effects in the telecommunications sector more generally as exemplified by the European...