By Maurice Nussenbaum, published in Concurrences No. 1-2017 / Conference / Competition Talks – 18 October 2016
Introduction
1. What are the strengths and limitations of our system for compensating for competition-related harm? Firstly, it should be noted that it is based on the principle of full compensation, that is to say, equivalence between the loss suffered and the compensation awarded, and that, furthermore, as a result of European directives, it incorporates concepts that were previously alien to it, such as in the area of infringement
, with the profits of the infringer being taken into account.
2. Our system of compensation also raises issues regarding its implementation, particularly when it comes to determining damages, due to the rule that loss must be assessed as at the date of the judgement. Consequently, the compensation awarded may be lower or higher than the actual loss suffered.
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