Book contents
- Causation in Competition Law Damages Actions
- Global Competition Law and Economics Policy
- Causation in Competition Law Damages Actions
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Table of Cases
- Introduction
- 1 Causation in Competition Law
- 2 Causation Rules in National Courts
- 3 Causation in the European Union Competition Law and Decisions
- 4 Causal Uncertainty in Competition Law Damages Claims
- 5 Proof Rules of Causation
- 6 Proving the Uncertain Causation
- 7 Causation in Indirect and Secondary Antitrust Damages
- Conclusion
- Bibliography
- Index
4 - Causal Uncertainty in Competition Law Damages Claims
Published online by Cambridge University Press: 03 December 2019
- Causation in Competition Law Damages Actions
- Global Competition Law and Economics Policy
- Causation in Competition Law Damages Actions
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Table of Cases
- Introduction
- 1 Causation in Competition Law
- 2 Causation Rules in National Courts
- 3 Causation in the European Union Competition Law and Decisions
- 4 Causal Uncertainty in Competition Law Damages Claims
- 5 Proof Rules of Causation
- 6 Proving the Uncertain Causation
- 7 Causation in Indirect and Secondary Antitrust Damages
- Conclusion
- Bibliography
- Index
Summary
The thread that connects the jurisdictions analyzed, despite the different theoretical backgrounds, is that courts divide the assessment of causation in a multi-stage process whereby the verification of the causal link has a strong empirical base. However, at any stage, causal uncertainty may render the assessment of causation extremely difficult if not impossible to perform. While the previous chapters have mainly dealt with the definition of the different concepts of causation from a comparative perspective, this chapter presents the main situations and elements of causal uncertainty, thus also introducing issues related to the proof of causation.
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- Causation in Competition Law Damages Actions , pp. 69 - 105Publisher: Cambridge University PressPrint publication year: 2020