Claiming for damages resulting from anticompetitive behaviour has become easier over time, due to among others the EU directive on antitrust damages actions.

“This Directive sets out certain rules necessary to ensure that anyone who has suffered harm caused by an infringement of competition law … can effectively exercise the right to claim full compensation for that harm.” (EUdirective, Art. 1 (1))

Damages can be claimed before national courts following anticompetitive agreements and abuse of dominance.

The entity that has suffered harm has the right to full compensation – ie be placed “in the position in which that person would have been had the infringement of competition law not been committed”. However, it “shall not lead to overcompensation”. (EU directive, Art. 3 (2 and 3))

econ-da estimates damages resulting from anticompetitive behaviour and assists with related economic issues. We compute, for example, the affected volume of commerce, but-for prices, overcharges, damages and passing-on.

We support you in standalone and follow-on litigation as well as in settlement negotiations or arbitration. You can use our analysis and expertise for your internal investigation and in preparing a claim, to support the legal team throughout the process and to provide expert reports and testimony. We also support lawyers and IT service providers in the documentation of the affected volume for the legal proceedings.