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# CASE ASSOCIATES

Competition Litigation and Damages Economists

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## Posts

- [Damages for consumer surplus?](http://www.casecon.com/wp-content/uploads/2026/07/Casenote-Foregone-Consumer-Surplus-July-2026.pdf#new_tab) - In the Which? v Apple collective proceedings, the proposed class representative (PCR) sought to recover aggregate damages for the foregone consumer surplus (FCS) of the ‘Non-Purchasers of iCloud services’. Yes, compensation for those who did not buy Apple’s iCloud services. The Competition Appeal Tribunal (CAT) allowed FCS to be pleaded to trial in the face
- [The one (h)armed economist in the CAT – The CAT's new expert rules](http://www.casecon.com/wp-content/uploads/2025/12/Casenote-One-armed-Economists-in-the-Dock-Dec-2025.pdf#new_tab) - The CAT is fed up with the way economists are giving evidence. It has criticised economists for putting their independence at risk by promoting the commercial interests of their clients, and exchanging lengthy and complex reports that have become unmanageable, wasteful and overburdening the Tribunal. It has issued two new Practice Directions on expert evidence.
- [A more balanced view of UK opt-out class actions](http://www.casecon.com/wp-content/uploads/2025/10/Casenote-A-more-balanced-view-of-opt-out-class-actions-October-2025-sx.pdf#new_tab) - A decade has passed since the UK Consumer Rights Act 2015 created the opt-out class action for competition cases. These were intended to give consumers greater access to justice and to deter firms from engaging in anti-competitive conduct. This Casenote looks at the evidence on whether they have achieved these objectives without unnecessarily burdening industry
- [Snooker Antitrust in Court](http://www.casecon.com/wp-content/uploads/2025/01/Casenote-24-World-Snooker-decision.pdf#new_tab) - Considering the recent interest in sports’ antitrust and the NST v World Snooker case, I have re-posted my 2001 Casenote “Markets in Sport - Competition Act 1998 case finds snooker body dominant” which commented on the 2001 High Court decision in Hendry v WPBSA [2001] All ER (D) 71. This looks at the importance of
- [Sports antitrust in the CAT](http://www.casecon.com/sports-antitrust-in-the-cat/) - The organisation of snooker is under scrutiny for the second time in the English courts. NST Worldwide v World Snooker & WPSBA has been filed in the UK Competition Appeal Tribunal by an entrant alleging that the organiser of the World Snooker Tour and the sport’s governing have singly and jointly acted to restrict players’ freedom to play in tournaments organised by competitive promoters. This case is a re-run of the 2001 High Court antitrust case Hendry v WPSBA (largely overlooked), where the WPSBA was found to have abused its dominance. Cento was then and is now the economist expert witness for the respective claimants. On the earlier case read his re-posted Casenote and ECLR article “Markets in Professional Sport”.
- [Hayekian Competition policy](http://www.casecon.com/hayekian-competition-policy/) - Cento Veljanovski talked at the annual Royal Economic Society 2024 conference on the views of the Nobel Laureate, Austrian School economist and polymath Friedrich A. Hayek on competition policy. He traces Hayek’s challenge to liberalism and ordoliberalism, his unrecognised influence on the Chicago School and relevance to the current debate on the role of antitrust. For more see my paper Hayekian Competition Policy - A Historical Perspective.
- [UK Second Wave Truck Litigation](http://www.casecon.com/uk-second-wave-truck-litigation/) - Cento Veljanovski was appointed in 2024 as the single joint expert on supply pass-on in the continuing Second Wave Truck Litigation before the UK Competition Appeal Tribunal. He is instructed to estimate the pass-on rate of the overcharges to four Claimant Groups who leased and rented trucks from third-party truck rental companies. He is separately
- [Putting sustainability into competition law](http://www.casecon.com/wp-content/uploads/2023/11/Casenote-sustainability-April-2023-final.pdf#new_tab) - Several European competition authorities propose to exempt anti-competitive environmental sustainability agreements provided they generate significant third-party benefits irrespective of whether they give a fair share to consumers. Here I review and comment on the way this has been handled by the Netherlands, Austrian and UK competition authorities, and European Commission. Casenote-sustainability-April-2023-finalDownload
- [Veljanovski joins GW Competition & Innovation Lab](http://www.casecon.com/veljanovski-joins-gw-competition-innovation-lab/) - Veljanovski has joined GW Competition & Innovation Lab, George Washington University as a Senior Fellow together with a stellar group of other fellows and co-directors Aurelien Portuese, Bill Kovacic and Frederic Jenny. The Lab has published two of his working papers: Admissibility of Expert Economic Evidence In Competition Litigation (July 2024) and Hayekian Competition Policy - A Historical Perspective (May 2024).
- [Did the CMA make the right decision to force Meta to sell Giphy?](https://www.youtube.com/watch?v=T5UwIOKb9OA#new_tab) - On 20 June 2022 Meta lost its appeal in the UK Competition Appeal Tribunal (CAT) to overturn the Competition and Market Authority’s (CMA) controversial order that it sells Giphy, which it had recently acquired. While the CAT endorsed the CMA’s view that Meta’s acquisition of Giphy would damage future competition, its controversial judgment has raised a debate over the meaning of dynamic competition, the CMA’s procedures, and how much power and discretion should be allowed to the CMA. Cento Veljanovski joined Victoria Hewson (IEA Head of Regulatory Affairs), Aurelien Portuese (Director of the Schumpeter Project at the Information Technology and Innovation Foundation in Washington) and Iain Murray (Vice President of the Competitive Enterprise Institute in Washington) to discuss the CAT judgment. The webinar can be viewed on the IEA’s youtube channel. To view the video CLICK HERE.
- [Cartel damages – European approach: lessons for Australia](https://federationpress.com.au/product/current-issues-in-competition-law-set/#new_tab) - The Federation Press has published Current Issues in Competition Law, Volumes I and II edited by Michael Gvozdenovic and Stephen Puttick which includes Cento Veljanovski’s ‘Cartel Damages: Quantification, Uncertainties and a Future Approach’ (Vol. 2: Ch4) among many other original contributions. Congratulations to the editors for their initiative and scholarship. The Federation Press is currently offering the two-volume set for Aus $290 (reduced from Aus $360). CLICK HERE to order.
- [Hayek’s ‘The meaning of competition’ in a digital age](https://www.youtube.com/watch?v=RDGr1VWwlgA&list=PLLnFwzRPzDi1RwRmYV6XO9lpM5oZiyNyr&index=7#new_tab) - Cento spoke on the relevance of F.A. Hayek’s article ‘The meaning of competition’ published 75 years ago at the joint Institute of Economic Affairs/Information Technology & Innovation Foundation conference The Meaning of Competition; Aggressive Antitrust Enforcement and the Digital Economy held in London, 4 November 2021. Keynote speakers Chris Philip (Minister for Digital, Culture, Media & Sports) and Michael Grenfell (Executive Director, UK Competition & Markets Authority) were joined by Thibault Schrepel (VU Amsterdam), Aurelien Portuese (ITIF/George Mason University), Christian Ahlborn (Linklaters), Renato Nazzini (Kings College London) and Diane Coyle (Cambridge University). To view the conference CLICK HERE.
- [Merricks collective action finally gets certified](https://www.catribunal.org.uk/sites/cat/files/2021-08/2021.08.18_Merricks_Judgment_Final.pdf#new_tab) - The UK Competition Appeal Tribunal (CAT) on 18 August 2021 finally granted Mr Merricks a collective proceeding order (CPO) to pursue his class action against Mastercard four years and two appeals after the CAT refused his original CPO application. The decision now sets out a clear path for the certification ending the uncertainty that has stalled the UK’s new collective action regime. Cento Veljanovski was an expert for Mr Merricks. His methodology to calculate damages was fully accepted by the CAT, Court of Appeal and UK Supreme Court. Boris Bronfentrinker, on behalf of the Merricks legal team said we are ‘very grateful for your [Cento’s] tremendous efforts through the CPO stage, and you will forever be the expert witness who came up with the methodology that was considered sufficient to get a CPO.’ CLICK HERE to download the CAT’s judgment.
- [Merricks wins appeal against CAT’s refusal to certify its collective action against MasterCard](http://www.casecon.com/wp-content/uploads/2023/12/Approved-Merricks-v-Mastercard-16-04-19-1.docx#new_tab) - In a landmark judgment delivered on 16 April 2019 the English Court of Appeal set aside the Competition Appeal Tribunal’s (CAT) order refusing certification of the class representative Mr Merricks’ £14 billion damages claim against MasterCard for charging excessive interchange fees. Mr Merricks’ collective proceeding order (CPO) application was remitted to the CAT to be reheard, but given the judgment there is no reason why it will not be granted. The decision vindicates the approach of Mr Merricks’ legal team and the methodology set out in the expert report of Cento Veljanovski (Case Associates) and David Dearman (Mazars). The Court of Appeal confirms what was a straightforward and reasonable reading of the CAT rules on certification, and gives clarity and certainty to the certification procedure. Case are very pleased to have successfully assisted Mr Merricks and his legal team (Ouinn Emanuel) with economic expert evidence. To download the Court of Appeal's decision Walter Merricks v. Mastercard [2019] /EWCA Civ 674 CLICK HERE.
- [Veljanovski’s Cartel Damages<br/>Principles, Measurement and Economics ](http://www.casecon.com/veljanovskis-cartel-damages-principles-measurement-and-economics/) - Cento Veljanovski’s Cartel Damages: Principles, Measurement and Economics is a practical guide on the law, measurement and economics of cartel damages under UK and European competition laws. It draws together the research on cartels, economic analysis, empirical techniques, case law and legislation to examine how the quantification of losses suffered by those harmed by a cartel are, and
- [Case retained in musical instruments’ RPM collective action](http://www.casecon.com/case-retained-in-musical-instruments-rpm-collective-action/) - Case has been retained by one of the co-defendants in the prospective Elisabetta Sciallis collective proceeding order (CPO) application before the Competition Appeal Tribunal (CAT) arising from the UK Competition and Mergers Authority’s (CMA) ‘musical instruments’ infringement decision of 2019 which found that several musical instrument manufacturers engaged in resale price maintenance thereby committing a
- [Case retained in EU buyers’ cartel ‘underprice’ damage action](http://www.casecon.com/case-retained-in-eu-buyers-cartel-underprice-damage-action/) - Case has been retained by a defendant in an unusual follow-on ‘underprice’ damages claim brought before a Dutch court by suppliers alleging that it exchanged information with several other buyers with the object (and effect) of lowering monthly contract prices.
- [Online Resale Price Maintenance case successfully settled](http://www.casecon.com/online-resale-price-maintenance-case-successfully-settled/) - A Resale Price Maintenance (RPM) action brought by an online retailer before the UK Competition Appeal Tribunal (CAT) was successfully settled in favour of the Claimant. Case quantified the claimant’s past and prospective losses arising from higher prices, and limited and then the refusal to supply, and in a proposed split trial filed an expert
- [‘Calculating Cartel Damages’ in Research Handbook on Cartel](http://www.casecon.com/calculating-cartel-damages-in-research-handbook-on-cartel-2/) - Cento Veljanovski contributed ‘Calculating Cartel Damages’ as a chapter in the Research Handbook on Cartels (click to secure a copy) published by Edward Elgar and edited by Peter Whelan. This chapter was nominated for the best academic article in the Antitrust Writing Awards 2022 organised annually by Concurrences and George Washington Law School’s Competition Law Center.
- [Veljanovski talks on the place of sustainability in antitrust](http://www.casecon.com/veljanovski-talks-on-the-place-of-sustainability-in-antitrust/) - Cento Veljanovski joined a panel discussion on ‘Can and should policymakers use competition enforcement to promote sustainability goals’ organised by the International Center for Law & Economics (ICLE) at Universidad Carlos III de Madrid on 24 March 2023. A spirited exchange of widely different views took place between co-panellist Maurits Dolmans (Cleary Gottlieb), Julian Morris
- [Veljanovski  talks at book launch of The Cambridge Handbook of Competition Law Sanctions](http://www.casecon.com/veljanovski-talks-at-book-launch-of-the-cambridge-handbook-of-competition-law-sanctions/) - Cento Veljanovski joined the editor Tihamé Tóth (Judge of the General Court of the EU) and other contributors at the launch of The Cambridge Handbook of Competition Law Sanctions in Brussels on 8 March 2023 He participated in a panel discussion with Andras Tóth (Vice-President/Chairman of the Competition Council, Hungarian Competition Authority), Szilágyi Pál (Pázmány Péter Katolikus
- [Case assesses expert reports in trucks cartel trial](http://www.casecon.com/case-assesses-expert-reports-in-trucks-cartel-trial/) - Cento Veljanovski acted as an expert for an intervenor in the Ryder and Dawson actions against DAF and other truck manufacturers participating in the Trucks’ cartel. He assessed the parties’ econometric and accounting evidence and the methodologies on pass-on filing several expert reports with the UK Competition Appeal Tribunal. The Dawson and Ryder actions settled
- [Veljanovski talks on the use of economics in class actions at CRESSE](http://www.casecon.com/veljanovski-talks-on-the-use-of-economics-in-class-actions-at-cresse/) - Cento Veljanovski gave a presentation to a special policy session at the prestigious CRESSE 16th International Conference on Competition and Regulation, Heraklion, Crete 1-3 July 2022. This brought together economists and lawyers to discuss the use of economics in class actions in the UK, EU and Canada. Cento joined Peter Davis (The Brattle Group), Bruce
- [Veljanovski’s cartel damages article listed for antitrust writing award](http://www.casecon.com/veljanovskis-cartel-damages-article-listed-for-antitrust-writing-award/) - Veljanovski’s article ‘Calculating Cartel Damages’ has been nominated for the best academic article written in the last year by the Antitrust Writing Awards 2022 organised annually by Concurrences and George Washington Law School’s Competition Law Center. It will appear later this year in P. Whelan ed. Research Handbook on Cartels published by Edward Elgar.
- [Case supports online retailer in RPM damage claim](http://www.casecon.com/case-supports-online-retailer-in-rpm-damage-claim/) - Cento Veljanovski is acting as an expert for an online retailer claiming damages for an illegal resale price maintenance (RPM) and refusal to supply before the Competition Appeal Tribunal (CAT).
- [UK Supreme Court backs Merricks’ collective action against Mastercard](http://www.casecon.com/uk-supreme-court-backs-merricks-collective-action-against-mastercard/) - The UK Supreme Court in a split 3 to 2 decision in Mastercard v Walter Hugh Merricks CBE [2020] UKSC 51 held that the Competition Appeal Tribunal (CAT) was wrong to reject Mr Merricks’ application for a Collective Proceeding Order (CPO) which would have allowed his opt-out collective action on behalf of 46 million UK claimants to go
- [Veljanovski speaks on competitor collaboration on CIIAI Antitrust Webinar](http://www.casecon.com/veljanovski-speaks-on-competitor-collaboration-on-ciiai-antitrust-webinar/) - Cento Veljanovski gave a presentation entitled ‘Crises, Cartels and Antitrust’ to the China Institute of International Antitrust and Investment’s (CIIAI) antitrust webinar on 15 September. He examined the case for allowing greater collaboration between competitors including crisis cartels. He was generally negative about loosening antitrust to allow greater cooperation or the suspension of anti cartel
- [Veljanovski gives Keynote at algorithmic antitrust conference ](http://www.casecon.com/veljanovski-gives-keynote-at-algorithmic-antitrust-conference/) - Cento Veljanovski gave the Keynote on ‘algorithmic antitrust’ at the conference ‘Algorithmic Antitrust: Enforcing Competition Rules in the Age of Algorithms’ held on the 6 March 2020 The conference was organised by St Mary’s University Law School and the Catholic University of Paris (ICP). It was attended by an international gathering of over 50 academics
- [Veljanovski talks on efficient cartels at Vinson law and economics workshop](http://www.casecon.com/veljanovski-talks-on-efficient-cartels-at-vinson-law-and-economics-workshop/) - Cento Veljanovski talked on ‘Efficient Cartels and the Public Interest Defence: Do they exist?’ at the Law and Economics: History and Policy workshop organised by the Vinson Centre for Economics and Entreprenership and the International Center for Law & Economics (ICLE) at the University of Buckingham on the 2-3 December 2019. Other speakers include Steven S, Medema, Duke University;
- [Veljanovski gives keynote at state aid conference](http://www.casecon.com/veljanovski-gives-keynote-at-state-aid-conference/) - Cento Veljanovski opened the State Aid & Fair Competition – Can they Co-exist? conference organised by the Friedrich Naumann Foundation and the Lithuanian Free Market Institute in Brussels on the 4th December 2019. The half-day proceedings comprise two panels discussing fair competition and procedural challenges; and state aid and SOEs. An international group of panelists discussed
- [Electronics cartel damages settled](http://www.casecon.com/electronics-cartel-damages-settled/) - A claim for overcharge damages was successfully settled through mediation against a member of an electronics cartel operating within the EU. Case undertook an econometric estimate of the overcharges for a range of products, and estimated damages plus interest for the 40 plus indirect purchasers.
- [Landmark UK collective action against MasterCard](http://www.casecon.com/landmark-uk-collective-action-against-mastercard/) - Cento Veljanovski was expert in the landmark consumer collective action Walter Merricks v. MasterCard. The collective proceedings order (CPO) application before the Competition Appeal Tribunal (CAT) was only the second under the Consumer Rights Act 2015. Merricks is the largest damage claim in UK legal history made on behalf of over 42 million individuals claiming damages of £14
- [Flexible foam cartel damages](http://www.casecon.com/flexible-foam-cartel-damages/) - Case assisted a claimant with a preliminary quantification of overcharge damages in a follow-on action against a member of the EU Polyurethane Foam cartel (COMP AT. 39.83).
- [“debanking” MTOs in New Zealand](http://www.casecon.com/debanking-mtos-in-new-zealand/) - Cento Veljanovski acted as expert in the New Zealand High Court for a money transfer organisation (MTO) threaten with the closure of its account by Kiwibank as part of its “derisking” in response to anti-money laundering regulations (the AML/CFT Act). Cento participated in a hot tub giving evidence that the actions of the banks in closing
- [Prime broker market](http://www.casecon.com/prime-broker-market/) - Case provided an assessment of whether a prime broker’s action to terminate a hedge fund’s account was an abuse of dominance.
- [Margin squeeze in rail ticketing](http://www.casecon.com/margin-squeeze-in-rail-ticketing/) - Case undertook an economic assessment of whether UK train operators had engaged in an illegal margin squeeze through the commission rates they set for advance ticket sales to third party online ticketing agents.
- [Challenge to Lithuanian Competition Council’s Art 101 decision](http://www.casecon.com/challenge-to-lithuanian-competition-councils-art-101-decision/) - Cento Veljanovski filed an expert report on behalf of G4S in support of an action challenging the Lithuanian Competition Council’s Resolution that G4S had infringed Article 101(1) in the Vilnius Regional Administrative Court, and in a follow-on damage claim in the Vilnius County Court.
- [Case assists airline in predation case](http://www.casecon.com/case-assists-airline-in-predation-case/) - Case assisted the owners of a Lithuanian airline, represented by Motieka & Audzevicius by providing independent estimates of damages caused by another airlines predatory conduct in proceedings before the Vilnius District Court.
- [Irish GPs in High Court](http://www.casecon.com/irish-gps-in-high-court/) - Case assisted the Irish Medical Organization (IMO), represent by O’Connor (Dublin), who was prosecution by the Irish Competition Authority for an alleged a breach of Art 101. Dr Cento Veljanovski filed an expert report which examined the operation of the Irish medical services market and the General Medical Services (GMS) scheme. The case settled after
- [Pass-on in the UK trucks litigation](http://www.casecon.com/wp-content/uploads/2023/11/Casenote-Pass-on-in-Trucks-litigation-April-2023-final-2.pdf#new_tab) - In Royal Mail & BT v DAF [2023] CAT 6 the UK Competition Appeal Tribunal denied the Defendant’s pass-on defence because the Overcharge was a small proportion of the Claimants’ overall costs and its failure to establish a direct and proximate link between the Overcharge and the Claimants’ downstream prices. Royal Mail is the first reported UK damage case
- [Review of EU cartel prosecutions 2010-19](http://www.casecon.com/wp-content/uploads/2023/11/Casenote-Commission-prosecutions-2010-April-2022.pdf#new_tab) - The European Commission prosecuted 46 cartels imposing fines of 16.2 billion euros over the period 2010 to 2019. We have analysed all the Commission’s decisions for the period to give a picture of how the Commission detects and fines cartels, and how long it takes to do this. Among our findings are that: the value of
- [Auditor says EU Commission needs to ‘scale up’ its antitrust enforcement](http://www.casecon.com/wp-content/uploads/2023/11/Casenote-Commission-to-Step-Up-Dec-2020-1.pdf#new_tab) - The European Court of Auditors (ECA) has reported on DG COMP’s enforcement activities. It found that the ‘commission made good use of its enforcement powers’ within its ‘limited budget’ but that it had not monitored and assessed it activities especially their impact on deterring anticompetitive behaviour. It recommended that more resources should be devoted to
- [BritNed appeal clarifies law on cartel damages](http://www.casecon.com/wp-content/uploads/2023/11/Casenote-BritNed-CA-2019.pdf#new_tab) - The English Court of Appeal in BritNed v ABB [2019] EWCA Civ 1840 held that the High Court was wrong to hold that cartel damages should err on the side of under-compensation and that the High Court’s award of damages for cartel ‘cost savings’ was an ‘error of law’. The claimant saw its damages reduced from euros
- [Econometrics rejected in BritNed cartel case](http://www.casecon.com/wp-content/uploads/2023/11/Casenote-Econometrics-in-Court-Dec-2018-Draft-2.pdf#new_tab) - The English High Court rejected the claimant’s use of econometrics to quantify damages in BritNed v. ABB. The approach was described by the court as ‘too complex, ‘unspecific’ and inconsistent with the documentary evidence. Specifically the average overcharge estimated by the statistical analysis was seen as inappropriate for a specific cartel project; a project that the court
- [Damage for bid rigging – The English High Court’s idiosyncratic cost-based approach in BritNed](http://www.casecon.com/wp-content/uploads/2023/11/Casenote-Damages-in-Court-Nov-2018.pdf#new_tab) - BritNed v. ABB is the first English cartel damages judgment, and the first to consider margin, cost and econometric approaches to the quantification of damages. It also adopts an unusual approach to the quantification of damages for a bid rigging cartel. This Casenote examines the Court’s cost-based approach and concludes that the award of damages for common cost savings was
- [Behavioural economics in court](http://www.casecon.com/wp-content/uploads/2023/11/Casenote-Behavourial-Economics-2018.pdf#new_tab) - Mrs Justice Rose, then a judge of the English High Court (now of the UK Supreme Court) with considerable experience of competition law, recently predicted that behavioural economics has ‘a bright future in competition law litigation.’ This Casenote takes a critical look at the three competition judgments she highlighted in support of her ‘prediction’ – Enron
- [The ‘magic of zero’ interchange fees](http://www.casecon.com/wp-content/uploads/2023/11/Casenote-v.2-CA-card-MIFs-2018.pdf#new_tab) - This Casenote takes a critical look at the English Court of Appeal decision on three conflicting judgments on whether Mastercard’s and Visa’s default multilateral interchange fees (MIFs) infringed Article 101TFEU. The Court of Appeal rejected much of the contradictory reasoning of the High Court and Competition Appeal Tribunal (CAT) to effectively reinstated the European Commission’s
- [European cartel fines in 2017](http://www.casecon.com/wp-content/uploads/2023/11/Casenote-EU-Cartels-2017-Final-1.pdf#new_tab) - Our March Casenote reviews the European Commission’s cartel enforcement activities during 2017. There was a reduction in the number of published decisions and aggregate fines with an almost exclusive focus on the automotive sector. The Commission exceptionally prosecuted a buyers’ cartel (Car battery recycling) and dawn raided another (Ethylene). Casenote-EU-Cartels-2017-Final-1Download
- [European cartel fines in 2016](http://www.casecon.com/wp-content/uploads/2023/11/Casenote-EU-Cartels-2016-revised-2018.pdf#new_tab) - There was a considerable slowdown in the European Commission’s cartel enforcement activities in 2016. For the second year in a row the number of cartel decisions, firms prosecuted and aggregate fines have fallen; the last to the lowest level this decade and to less than a quarter of the total fines levied in 2015. Casenote-EU-Cartels-2016-revised-2018Download
- [Interest on antitrust damages](http://www.casecon.com/wp-content/uploads/2023/11/Casenote-Interest-Jan-20176.pdf#new_tab) - Our April Casenote critically assesses the award of interest on antitrust damages by the courts in England and Wales. It reviews the cases and shows the impact of different interest rates and methods of calculation on the total compensation of claimants. Casenote-Interest-Jan-20176Download
- [Pass-on in the UK MasterCard litigation](http://www.casecon.com/wp-content/uploads/2023/11/Casenote-Sainsbury-Pass-on-Sept-2016-v21.pdf#new_tab) - In Sainsbury’s v MasterCard the UK Competition Appeal Tribunal (CAT) confirmed for the first time pass-on as a key element in the award of damages in competition law. The confused reasoning in the CAT’s decision is critically examined in our September Casenote Casenote-Sainsbury-Pass-on-Sept-2016-v21Download
- [European cartel fines in 2015](http://www.casecon.com/wp-content/uploads/2023/11/Casenote-EU-Cartels-2015-Final1.pdf#new_tab) - Case’s annual review of the European Commission’s cartel enforcement activities shows a shows a considerable slowdown in the Commission’s enforcement activities and a focus on smaller less harmful cartels. Casenote-EU-Cartels-2015-Final1Download
- [Volume effect damages in cartel cases](http://www.casecon.com/wp-content/uploads/2023/11/Casenote-Passing-and-Lost-volume-March-20151.pdf#new_tab) - Our March Casenote exposes the way the new European Damages Directive (2014/104/EU) goes out of its way 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
- [Price wars and cartel damages](http://www.casecon.com/wp-content/uploads/2023/11/Casenote-Price-Wars-Aug-2013.pdf#new_tab) - Our August Casenote Price wars and cartel damages looks at the different reasons for price wars and how they affect the quantification of overcharges, the but for price, and the duration of a cartel. To illustrate the analysis the European Commission’s amino acid (lysine) decision and several empirical studies of overcharges for the German cement cartel are used. Casenote-Price-Wars-Aug-2013Download
- [Efficient cartels](http://www.casecon.com/wp-content/uploads/2023/11/Casenote-Efficient-Cartel-May-2014.pdf#new_tab) - Our May Casenote Efficient cartel – Oxymoron or economic insight? argues that the war against cartels may be overlooking their beneficial effects in some industries. Industries with empty cores, environmental problems, where coordination reduces marginal costs and even export cartels may increase efficiency and challenge the claim that cartels that increase prices and reduce output are anti-competitive. Casenote-Efficient-Cartel-May-2014Download
- [Irish doctors have fees gag lifted](http://www.casecon.com/wp-content/uploads/2023/11/Casenote-IMO-Sept-20141.pdf#new_tab) - In June the Competition Authority settled its case with the Irish Medical Organisation (IMO). Since 2006 the Competition Authority has prohibited the IMO and the Minister of Health from discussing fees paid to GPs to provide free general medical services to public patients. This emasculated the IMO as a registered trade union in representing its
- [What do we know about machine collusion](http://www.casecon.com/what-do-we-know-about-machine-collusion/) - Cento participated in a policy session exploring ‘Algorithms and Competition Policy’ at CRESSE’s 13th International Conference on Competition and Regulation held in Crete. Other panellists included Vincenzo Denicolò (Bologna University), Rosa Abrantes-Metz (Brattle Group), Jai-Uwe Kuhn (UEA) and Michal Gal (Haifa University). His talk is published in the Journal of European Competition Law & Practice

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- [Home](http://www.casecon.com/) - Competition Litigation and Damages Economists Specialists in providing expert economic evidence in antitrust, competition damages and collective actions Practice Areas Antitrust _____________ Economics plays a prominent role in competition law. The definition of the relevant market, the choice of counterfactuals, and determining the the effects of alleged antitrust infringements… Antitrust Click to read more Damages _____________
- [About us](http://www.casecon.com/about-us/) - Case Associates, founded in 1995 by Dr. Cento Veljanovski, one of the longest established competition and litigation economics consultancies in Europe. We provide high quality, rigorous economic and empirical analysis across various sectors.
- [Casenotes](http://www.casecon.com/casenotes/) - Dive into the Casenotes section of Case Associates for short, incisive discussions on topical issues in competition law and economics. Stay updated with our latest analyses on recent developments, including cartel damages, EU cartel prosecutions, and more.
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