Should Private Claims for Damages in Competition Law Cases Really Be Treated Differently?

June 22, 2012

(by Duncan Sheehan) Several issues come out of the BIS consultation in this area, some of which have been discussed in blog posts by Andreas Stephan and Peter Whelan. Here I focus on the way in which we quantify or measure damages in English private law and ask whether competition law should be treated differently. From a purely practical perspective, differential treatment for one area of law may encourage game playing and attempts to squeeze claims into categories they don’t really belong in order to obtain procedural or substantive advantages. There may of course be good reasons to treat competition cases differently but that needs to be argued and not assumed. Read the rest of this entry »