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Part II Elements of Private Enforcement Systems, 12 Damages and Their Quantification

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

Quantifying harm — State and competition law

This chapter discusses the quantification of damages. It explains that the quantification of harm in competition cases is subject to considerable limits due to the degree of certainty and precision that can be achieved. In practice, the amount that a claimant may obtain in damages proceedings can depend on different factors, such as the impact of interest, and the relationship between the harm suffered and the amount of damages awarded. The chapter then elaborates further on the differences between compensatory damages, punitive damages, and exemplary damages. It also considers the efforts to promote public enforcement affecting the extent of the liability for damages of some participants in anti-competitive conduct.

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