Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Competition Law

Analysis - debate - current awareness

20 SEP 2012

Promoting Private Actions with Rebuttable Presumptions: An Economic Perspective, James Kavanagh, Gunnar Niels and Robin Noble

The European Commission and various Member States would like to encourage more private enforcement of competition law. The UK government recently set out a number of proposals to improve on the current regime in the UK. We discuss two aspects of the proposed reforms: the plan to make the Competition Appeal Tribunal a major venue for competition actions, and the introduction of a rebuttable cartel overcharge presumption. We argue that on balance there is little merit in using a rebuttable presumption for overcharge, since the circumstances of Art 101 TFEU infringements vary widely. Case-by-case assessments of overcharge, and other aspects such as pass-on and volume effects, are more appropriate in practice, and do not pose insurmountable difficulties for claimants and defendants.

To read the rest of this article, see Competition Law Journal: [2012], Issue 3, Articles (link for online subscribers who have already logged in click here).

To request a free trial click here and select Competition Law Journal online from the drop down menu.

Law of Cartels

Provides practical advice and guidance on dealing with cartel law

More Info from £145.00
Competition Law Journal

Competition Law Journal

Provides all competition law advisers with a reliable source of analysis on law and practice in...

Available in Competition Law Online
Subscribe to our newsletters