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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: , Issue 3, Articles (link for online subscribers who have already logged in click here).
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