Friday, March 16, 2012
Posted by D. Daniel Sokol
Hans Zenger, Charles River Associates and Mike Walker, Charles River Associates address Theories of Harm in European Competition Law: A Progress Report.
ABSTRACT: The last ten years have seen an increasing focus from European competition authorities on articulating the theory of harm behind any competition concern. This represents a significant improvement in the enforcement of competition law. The requirement to present a theory of harm imposes a logically consistent approach to the assessment of anti-competitive behaviour. This paper takes stock of changes in the European Commission’s use of theories of harm in competition cases over the past ten years and suggests areas where enforcement could benefit from a more explicit use of theories of harm.