The European Damages Directive (2014/104/EU) introduced the presumption that cartels result in damages for buyers of cartelized goods or services, particularly in the form of overcharges. This is consistent with the logic that cartelists seek to benefit from higher profitability through the cartel. Statistics compiled by academics, in reports for the European Commission, and by […]
In this article, Lau Nilausen, Senior Director at FTI Consulting, discusses how costing concepts developed in the context of ex ante regulation may be unsuitable for the assessment of profitability in the context of ex post competition law enforcement.
A summary of why we need a more robust approach to assessing predatory pricing
Lau Nilausen, Senior Director at FTI, discusses how regulated companies may be consistently under-rewarded for taking on risks associated with market entry or innovation.