european

Damages claims in the Spanish sugar cartel

Market conditions in the sugar industry are strongly affected by protectionist regulatory measures and interventions, leaving narrow room for business competition. Moreover, competition authorities worldwide have investigated and successfully prosecuted anticompetitive actions by sugar producers and refiners in this market. As an example of collusive behaviour in the sugar industry, this article looks at the Spanish sugar cartel uncovered and sanctioned by the Spanish competition authority. It then turns into the subsequent private enforcement actions that concluded successfully last year with a Euro 5 million award in damages by the Supreme Court. Several lessons can be extracted from the Supreme Court’s decisions that will have an impact on future private claims for damages arising from competition law violations in Spain. They clarify the relevance and legal force of public enforcement decisions for private enforcement, how damages’ calculations should be done, and how expert forensic opinions on the matter should be assessed by the courts and, finally, they rule on the availability of the passing-on defence. In all, the Spanish Supreme Court dicta from its decisions in the sugar cartel case may well open the gateway for new private claims in the future.
Reference :

Journal of Antitrust Enforcement, 2015, 3, 205–225

The 'Consumer Choice' Paradigm in German Ordoliberalism and its Impact Upon EU Competition Law

This paper explores the origin and the development of the "consumer choice" paradigm as the core concept of German ordoliberal thought which has had a strong impact on EU competition policy and law. Even though it is actually under attack from the welfare economic approach that emphasizes "consumer welfare" instead of "consumer choice", the latter paradigm is still deeply rooted in the jurisprudence of the CJEU.
Reference :

http://ssrn.com/abstract=2568304

Digital markets: New rules for competition law

Many people are concerned about the strong market position of certain individual companies of the digital economy. This paper (editorial) discusses proposals on how to create incentives for quick closure of abuse cases. It also proposes to extend the reach of European merger control. That extension would alow to catch operations between parties that have heretofore shown modest annual turnovers but have a high market potential (as expressed by high sales prices).
Reference :

http://jeclap.oxfordjournals.org/cgi/content/full/lpv049?ijkey=iFn5Cfi83SpdzaK&keytype=ref

Freedom of Choice - The Emergence of a Powerful Concept in European Competition Law

as the world is looking for a new standard to design and apply rules of competition, one possibility would be to let markets decide what is best for them.
Reference :

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2077694

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