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Part II Elements of Private Enforcement Systems, 11 Causation

From: The Private Enforcement of Competition Law (1st Edition)

Pedro Caro de Sousa

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 19 July 2024

Subject(s):
Damages — State and competition law

This chapter introduces the notion of causation in the competition law. Causation is one of the most relevant issues in competition litigation, which correlates to determining an infringement or loss caused by a competition infringement. Causation is primarily concerned with explaining how some event or state of affairs came about. The chapter discusses the notion of causation in competition cases as it differs for the purposes of public and private enforcement. The chapter then presents several examples of rules on causation found in the US and Europe and looks at how parties typically prove causation in court.

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