Discovering new spheres of Antitrust damages quantification: The European Commission, National Courts, and Guidelines on Passing-On

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In their superbly written article, Hanson (economist) and Holzwarth (lawyer) address the question of passing-on both from an economic as well as legal perspective. Following a brief yet nuanced introduction to private enforcement in the EU, they lay out the concept of passing-on both as a shield (defense) as well as a sword (damage) analyzing the EU Damages Directive and drawing from recent legal precedent in the UK. The article ends with a concise and fascinating discussion of whether there are any differences between the legal and the economic notions of causation, for example with regard to dispersed damages, which should be taken into consideration when analyzing passing-on.