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Competition Damages Actions in the EU

Law and Practice, Second Edition

David Ashton

In this revised and much expanded second edition David Ashton provides a comprehensive review of the EU damages directive (Directive 2014/104/EU) and its implementation, bringing the book up to date with the latest advances in EU Competition Law damages actions. This edition also features insights from practising lawyers on national developments in over 10 countries across Europe and an updated, separately authored, chapter on the quantification of loss. This book will provide practising lawyers and scholars alike with a clear, well-structured and updated guide to EU Competition Law Damages.
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Chapter 6: ESTABLISHING PARAMETERS TO CLAIMS: CAUSATION

Law and Practice, Second Edition

David Ashton

Extract

In the absence of strict limitations on standing, the indirect nature of some of the harm in antitrust claims means that other defining features of tortious actions, such as causation, are put to the test. Causation is a legal means of supplying parameters to liability in such circumstances. Quantification of harm could be seen as an economic means of achieving the same result. The standard approach to causation involves distinguishing between so-called ‘factual causation’ and so-called ‘legal causation’. Broadly speaking, the former is an investigation into the factual chain of events which connect the infringement and the harm suffered. It is often described as a but-for test or, more elegantly, a conditio sine qua non. The latter is essentially the imposition of policy limitations on claims by courts. The essential idea behind the conditio sine qua non approach to causation is that without the occurrence of the infringement, the claimant would not have suffered the harm pleaded. Furthermore, causation acts as a parameter to claims in that it helps to determine which party should be held liable for the damage suffered. Thus, it looks in both directions: towards the claimant, who has to show a link between the infringement and the damage he or she has suffered, and towards the defendant, in that helps to attribute liability for the damage.

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