Proving Causation in Private Antitrust Cases PDF Download
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Author: Hanns Abele
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Private enforcement of antitrust damages critically hinges upon proof that damage was caused by an antitrust violation. Existing research narrowly focuses on the quantification of damages, but proving causation goes far beyond quantification. Strict legal requirements must be observed. To address causation adequately an integrated legal and economic approach is necessary. Traditional tort law examines for each transaction whether an antitrust violation caused damages with near certainty. This quasi-deterministic approach offers a seemingly unequivocal solution for assessing causation. However, complicated cases such as private antitrust damages cannot be decided by this methodological approach. In contrast, economic methods for proving causation use statistical tools. Such an analysis goes beyond individual transactions and provides insights on a coherent group of similar instances. Newer concepts of stochastic causation in tort law can mend the conflict to obtain a consistent assessment of causation. Law and economics pose the same questions about causation, but they differ in their methodological approaches. To provide common ground a novel analytical framework is developed, drawing upon research in industrial organization. This framework provides a thorough explanation of the market structures underlying antitrust violations. Thereby statistical analyses of damages and qualitative legal analyses of causation can be put on a firm, internally consistent footing.
Author: Hanns Abele
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Private enforcement of antitrust damages critically hinges upon proof that damage was caused by an antitrust violation. Existing research narrowly focuses on the quantification of damages, but proving causation goes far beyond quantification. Strict legal requirements must be observed. To address causation adequately an integrated legal and economic approach is necessary. Traditional tort law examines for each transaction whether an antitrust violation caused damages with near certainty. This quasi-deterministic approach offers a seemingly unequivocal solution for assessing causation. However, complicated cases such as private antitrust damages cannot be decided by this methodological approach. In contrast, economic methods for proving causation use statistical tools. Such an analysis goes beyond individual transactions and provides insights on a coherent group of similar instances. Newer concepts of stochastic causation in tort law can mend the conflict to obtain a consistent assessment of causation. Law and economics pose the same questions about causation, but they differ in their methodological approaches. To provide common ground a novel analytical framework is developed, drawing upon research in industrial organization. This framework provides a thorough explanation of the market structures underlying antitrust violations. Thereby statistical analyses of damages and qualitative legal analyses of causation can be put on a firm, internally consistent footing.
Author:
Publisher: American Bar Association
ISBN: 9781616327668
Category : Antitrust law
Languages : en
Pages : 326
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Book Description
Author: Kevin B. Soter
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Following the U.S. Supreme Court's 2013 holding in FTC v. Actavis, Inc. that antitrust liability can attach to reverse payment patent settlements, courts have diverged about how to determine whether private parties who prove that such an agreement violates antitrust law are entitled to any relief. Unresolved issues about the private plaintiff causation requirement are likely to recur as more courts reach the issue. This Note identifies two approaches to causation. Under a narrow approach adopted by the First and Third Circuits, private plaintiffs are required to piece together precise details about what would have happened if the patent litigation had not settled -- including details the Supreme Court expressly held were usually unnecessary to pin down in government enforcement cases. In contrast, the California Supreme Court and several federal district courts have drawn a broader causal inference. For these courts, causation exists whenever a challenged settlement delays competition in expectation. This Note explains why the broader approach better aligns with the rationales undergirding private enforcement of the prohibition against certain reverse payment settlement agreements.
Author:
Publisher: American Bar Association Section of Antitrust Law
ISBN: 9781634259750
Category : Antitrust law
Languages : en
Pages : 377
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Book Description
Impact : injury and causation -- Antitrust injury and standing -- Statute of limitations -- Quantifying damages -- Economic and financial concepts -- Econometrics and regression analysis -- Evaluating the scientific validity of a damages model -- Overcharges -- Damages in exclusionary conduct cases -- Proof of Robinson-Patman act damages -- Proving antitrust damages in jurisdictions outside the United States
Author: Claudio Lombardi
Publisher: Cambridge University Press
ISBN: 1108428622
Category : Law
Languages : en
Pages : 245
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Book Description
Elucidates the concept of causation in competition law damages and outlines its practical implications through relevant case law.
Author: Barry J. Rodger
Publisher: Edward Elgar Publishing
ISBN: 1800377525
Category : Law
Languages : en
Pages : 559
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Book Description
The Research Handbook on Private Enforcement of Competition Law in the EU provides wide-ranging coverage of a key aspect of competition law enforcement which is undergoing constant and rapid growth in significance. The Handbook examines the private enforcement of competition law across the EU and beyond, shedding light on pertinent and underlying issues.
Author: Nicholas Heaton
Publisher:
ISBN: 9781838622626
Category : Actions and defenses
Languages : en
Pages : 443
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Book Description
Author: Jurgen Basedow
Publisher: Kluwer Law International B.V.
ISBN: 9041126139
Category : Law
Languages : en
Pages : 366
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Book Description
The European Commission's recent green paper on damages actions for breach of EC antitrust rules stirred a debate across Europe on the need for legal reform that would encourage private plaintiffs to claim compensation for losses suffered as a result of anticompetitive conduct. Prominent in the wake of that initiative was the international conference convened by the Max Planck Institute for Comparative and International Private Law in Hamburg in April 2006, the papers and proceedings of which are presented in this important book. Among the topics and issues raised and discussed here are the following: the 2001 Courage judgment of the European Court of Justice, in which the court decided that everyone who suffers losses from a violation of arts. 81 or 82 EC is entitled to compensation; relevance of the case law that contributes to general principles of European tort law; comparative analysis from the more comprehensive experience of national laws in the United States, Germany, France, and Italy; calculation of damages; passing-on of losses sustained in an upstream market to customers in a downstream market; procedural devices which may help to overcome the lack of implementation; duties of disclosure and the burden of proof; collective actions that may help to overcome the rational abstention of individuals; pitfalls of leniency programmes implemented by national competition authorities; and, issues of jurisdiction and choice of law. The lively debates that followed the presentations at the conference are also recorded here. Although more discussion will be needed before a viable legal framework in this area begins to emerge, these ground-breaking contributions by lawyers of various disciplines, jurists, economists, academics, and European policymakers take a giant step forward. For lawyers, academics, and officials engaged with this important area of international law, this book clearly improves our understanding of the economic need and legal particularities which could generate an effective European system of private antitrust litigation.
Author: Herbert HOVENKAMP
Publisher: Harvard University Press
ISBN: 9780674038820
Category : Law
Languages : en
Pages : 392
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Book Description
After thirty years, the debate over antitrust's ideology has quieted. Most now agree that the protection of consumer welfare should be the only goal of antitrust laws. Execution, however, is another matter. The rules of antitrust remain unfocused, insufficiently precise, and excessively complex. The problem of poorly designed rules is severe, because in the short run rules weigh much more heavily than principles. At bottom, antitrust is a defensible enterprise only if it can make the microeconomy work better, after accounting for the considerable costs of operating the system. The Antitrust Enterprise is the first authoritative and compact exposition of antitrust law since Robert Bork's classic The Antitrust Paradox was published more than thirty years ago. It confronts not only the problems of poorly designed, overly complex, and inconsistent antitrust rules but also the current disarray of antitrust's rule of reason, offering a coherent and workable set of solutions. The result is an antitrust policy that is faithful to the consumer welfare principle but that is also more readily manageable by the federal courts and other antitrust tribunals.
Author: Pier Luigi Parcu
Publisher: Edward Elgar Publishing
ISBN: 178643881X
Category : Law
Languages : en
Pages : 247
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Book Description
During the past decade, private enforcement of competition law has slowly taken off in Europe. However, major differences still exist among Member States. By harmonizing a number of procedural rules, the Damages Directive aimed to establish a level playing field among EU Member States. This timely book represents the first assessment of the implementation of the Damages Directive. Offering a comparative perspective, key chapters provide an up-to-date account of the emerging trends in private enforcement of competition law in Europe.
