Quantifying Antitrust Damages:Towards Non-Binding Guidance for Courts

Competition Law Forum

On 1 February 2010, Dr Gunnar Niels from Oxera visited the Institute to discuss the Oxera report. The report is part of the European Commission's project to provide non-binding guidance for courts with respect to quantifying damages from competition law offences. The report was discussed by Rob Murray from Crowell & Moring, and Jon Lawrence from Freshfields Bruckhaus Deringer, LLP. Among the issues raised was the question of how the Commission will eventually provide succinct and helpful guidance to judges in an area which involves complex economic analysis and differing opinions. Inevitably, much will depend on the facts of each case, and the judgement of the court as to which theories are most plausible.