The Proof on the Quantification of the Damage in Assumptions of Defense of Competition. (Spanish Law)

30 Pages Posted: 2 Jul 2018

See all articles by Enrique Sanjuan

Enrique Sanjuan

University of Malaga - Facultad de Derecho

Date Written: June 24, 2018

Abstract

In the present work, we focus on the test on the quantification of damages in cases of private actions for infringements of competition law and on the adaptation of the Spanish regulations to the Damage Directive of 2014. In the first part, we analyze the quantification of damages and the burden of proof distinguishing the cases of evidentiary burden with respect to the infringement and evidentiary burden with respect to the quantification. From there, the ordinary assumptions of those that establish some type of exceptions are discriminated. In the second part, we focus on the test on quantification and the different aspects that the latter can offer us in terms of the existence of leniency programs, resolutions of other courts, direct purchases, indirect or third-party damages, etc. The objective is to determine the existence of differences in each of the sections that we point out and the judicial criteria that should preponderate in each of them.

Keywords: Antitrust, Damages, Quantification, Directive, Proof, Evidence, Competition, Spain, Law

JEL Classification: K, P

Suggested Citation

Sanjuan, Enrique, The Proof on the Quantification of the Damage in Assumptions of Defense of Competition. (Spanish Law) (June 24, 2018). Available at SSRN: https://ssrn.com/abstract=3201779 or http://dx.doi.org/10.2139/ssrn.3201779

Enrique Sanjuan (Contact Author)

University of Malaga - Facultad de Derecho ( email )

Calle Diego de Siloe
Malaga, 29013
Spain
34 952 13 10 00 (Phone)
34 952 13 10 00 (Fax)

HOME PAGE: http://www.uma.es

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