Friday, April 25, 2014
Frank Maier-Rigaud (NERA) has written on Umbrella effects and the ubiquity of damage resulting from competition law violations.
ABSTRACT: Competition law violations typically result in damage outside the vertical chain often considered the only relevant locus of analysis. A legal reduction of damages claims to the vertical chain is in part due to a narrow interpretation of the general tort principles of causality and foreseeability. A wider interpretation of these general tort principles is proposed that would be in line with the policy goal of full compensation for any individual harmed. It would allow claims to be regulated by the merits of the economic evidence presented, thereby rendering private enforcement in line with the more economic approach followed in the public enforcement of competition law.