This study analyses how national courts in Europe have assessed cartel overcharges – whether in a particular case there was any, and how to size it.

The scope of the study covers the EU 27 plus Norway, Switzerland and the UK.

The research was completed this year with the help of 195 contributors: 113 lawyers, law professors and economists, 26 national competition authorities and 56 national judges. The European Commission and the Association of European Competition Law Judges (AECLJ) have also kindly offered assistance.

An article describing results of this research was published by Concurrences Review,, n° 3-2021, Art. 102086.

It can also be downloaded here.

Results of this study were employed by the European Commission in its Report on the implementation of the “damages” Directive 2014/104/UE (December 2020, link), and in its Communication on the protection of confidential information by national courts in proceedings for the private enforcement of EU competition law (July 2020, link).

This article was translated into German by Dr. Thomas Thiede (NZKart 1/2022 and 2/2022). A translation into French was also published (Concurrences Review, January 2022).