Causation in Indirect and Secondary Antitrust Damages

2019

Closed access Metadata (CSL-JSON)
DOI 10.1017/9781108552509.009
Data confidence 70 medium
How this score is calculated

It is built from checkable properties of the record itself: whether the article has a DOI, how many independent sources confirmed its data, whether the required fields are filled in, and how recent the latest confirmation is. Disagreement between sources and a missing identifier lower it. A value of 80 or above means the record was published without further checking; 60 to 79 means it is published at reduced confidence, with a manual check advisable. A record verified by an editor by hand is never pushed below 90 by a recalculation. This scores our data about the article, not the article itself.

Abstract

A competition law infringement is capable of damaging different subjects at the same time, virtually all the market players that are directly or even indirectly connected with the business of the competition law infringer. Economic activities are indeed structured on value chains, which are interconnected networks of contracts and hierarchies operating in a market. Here, the action or decision of a market player may impact many of the other market participants, affecting both their future strategies and their actual assets. For instance, the abuse of a dominant position causing the foreclosure of a competitor may equally impact on the business partners of that competitor and on its employees, as well as on the consumers of both markets. We will call ‘indirect economic losses’ all those damages that are a consequence of an infliction of damage upon a third party. When the harm is inflicted upon a third person which in turn causes harm to the claimant, we will instead refer to it as ‘secondary harms’.