Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Wednesday, March 15, 2017

The Law and Economics of Pass-On in Price Fixing Cases

Cento Veljanovski, Case Associates; Institute of Economic Affairs discusses The Law and Economics of Pass-On in Price Fixing Cases.

ABSTRACT: Sainsbury’s v. MasterCard establishes the pass-on “defence” in English/UK law. The Competition Appeal Tribunal set out a two-part test which it erroneously distinguished from the economists’ notion of pass-on. It then went on the develop key elements of legal test for pass-on in price fixing cases. This article critically assesses the Tribunal’s judgment within a law and economics framework. It provides a rounded interpretation of pass-on as both a defence and offence, the different evidentiary standards and principles used, and the potential for inconsistency which could see defendants liable to claims more than the overcharges.

http://lawprofessors.typepad.com/antitrustprof_blog/2017/03/the-law-and-economics-of-pass-on-in-price-fixing-cases.html

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