Competition Damages Actions in the EU
Law and Practice, Second Edition
David Ashton
Extract
The other standard features, in most legal systems, of a damages action, beyond the need to show illegal behaviour on the part of the defendant, are the requirement to demonstrate harm subjectively suffered by the claimant, and a causal link between the illegality and that harm. This chapter examines the issue of harm, and outlines the legal mechanisms available to claimants both to establish it, such as by means of a presumption of harm, and to quantify it. To this extent, the chapter dovetails with the more detailed examination of the ecocmocins of the quantification of loss set out in Chapter 14. The chapter also takes a look at the issue of exemplary damages.
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