LEGAL ANALYSIS
Botón de compartir en Linkedin
Download pdf:
Injured parties, indirect purchasers and causation in compensatory damages for infringements of competition law

Injured parties, indirect purchasers and causation in compensatory damages for infringements of competition law

05/07/2017 - Author: Ángel Carrasco Perera

Injured parties, indirect purchasers and causation in compensatory damages for infringements of competition lawBoth the passing-on presumption and the standing of indirect purchasers to bring an action for damages against cartels, for the passing-on of overcharges, routinely crop up when addressing Directive 2014/104/EU on Antitrust Damages Actions. But, are there no other causal limitations? The recent transposition into Spanish law of the aforementioned directive also seems to posit immediacy between the infringement and the compensable harm.


1. EU and Spanish legislation. Directive 2014/104/EU ("the Directive") and the Spanish Competition Act ("the Act"), as amended by the transposition of Royal Decree-Act 9/2017, partially govern actions for damages for infringements of arts. 101 and 102 of the Treaty on the Functioning of the European Union ("the TFEU") and arts. 1 and 2 of the Act. Among other varied matters pertaining to the law of damages that are not dealt with by the Directive and the Act, our main concern is the topic concerning the causal relationship between behaviour and harm, causation. Essentially, we address here the harm caused to third parties by the existence of cartel prices...

Download pdf:
Injured parties, indirect purchasers and causation in compensatory damages for infringements of competition law