Our March Casenote Volume effect damages in cartel cases exposes the way the new European Damages Directive (2014/104/EU) goes out of its way to reduce overcharge damages to avoid the possibility that pass-on may unjustly enrich claimants, while ignoring the lost volume damages that accompany pass-on. As a result purchasers will be under-compensated. The Casenote proposes that defendants who raise the pass-on defence be liable for lost volume damages, and that they provide estimates of the lost sales implicit  in their estimates of pass-on.

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