Causation

Ioannis Lianos, Claudio Lombardi

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)peer-review

Abstract

Chapter 9 stresses that causation is an essential feature of damages cases for infringements of competition law. The Chapter explores the conceptual foundations of causation in competition law in this context, with the aim to provide a general introduction to the challenges that the requirement of a causal link poses to competition law enforcers, judges or competition authorities, in particular in a complex factual setting. It explores the interplay between the national and EU levels in regulating legal causation in competition law damages cases, the presumptions that have developed in order to facilitate evidence of a causal link, the thorny issue of establishing causation for the indirect victims of anticompetitive conduct, and new challenges in establishing the causal link, in particular the counterfactual test in situations of factual uncertainty, the complexities of establishing causation on the basis of economic and econometric evidence as well as data science evidence. Finally, the Chapter delves into the analysis of the legal aspects for the quantification of damages and some related issues for passing-on.
Original languageEnglish
Title of host publicationResearch Handbook on Private Enforcement of Competition Law in the EU
EditorsBarry Rodger, Miguel Ferro, Francisco Marcos
PublisherEdward Elgar Publishing
Chapter9
Pages204-238
Number of pages35
ISBN (Electronic)9781800377523
ISBN (Print)9781800377516
DOIs
Publication statusPublished - 14 Feb 2023

Publication series

NameResearch Handbooks in Competition Law series
PublisherEdward Elgar Publishers

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