Insight

A practical guide to estimating cartel damages: recipe books v menus

January 1, 2015
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The Commission’s Practical Guide sets out a ‘menu’ of various techniques that may be applied to quantify damages. This article, in contrast, presents a practical ‘recipe book’ for deriving robust cartel damages estimates for the court. We cover the role of experts, core principles for establishing the alternative universe or ‘counterfactual’, data issues, estimating overcharge, pass-on, and other practicalities such as interest.

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