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Consumer Damages For Breach Of Antitrust Rules: How To Reach Full Compensation For Consumers?

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  • Nicole S R Rosenboom
  • Viktória Kocsis
  • José D W E Mulder

Abstract

Over the years, the number of damages claims has increased. The level of compensation, however, has understated the true harm suffered by purchasers. Hence, victims of a breach of antitrust rules are not fully compensated. This is true especially for consumers because the large majority of damages cases pertain to nonconsumers claiming damages. There has been some case-by-case empirical research on consumer damages but no methodological study has been done on the calculation of consumer compensation in general. This paper aims to fill that gap. By using the example of a cartel, we consider different calculation methods. We determine the theoretical upper and lower limits for compensation. These limits can be easily applied in practice when the consumer’s income spent on a cartel good and the overcharge are known. More importantly, by using these limits, consumers are fully compensated for the harm suffered as a result of price-fixing.

Suggested Citation

  • Nicole S R Rosenboom & Viktória Kocsis & José D W E Mulder, 2017. "Consumer Damages For Breach Of Antitrust Rules: How To Reach Full Compensation For Consumers?," Journal of Competition Law and Economics, Oxford University Press, vol. 13(4), pages 710-728.
    • Handle: RePEc:oup:jcomle:v:13:y:2017:i:4:p:710-728.
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    File URL: http://hdl.handle.net/10.1093/joclec/nhx023
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    Cited by:

    1. Katsoulacos, Yannis & Motchenkova, Evgenia & Ulph, David, 2020. "Combining cartel penalties and private damage actions: The impact on cartel prices," International Journal of Industrial Organization, Elsevier, vol. 73(C).

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