The study compiles and analyses 33 cartel damages actions judged by French administrative courts.
The analysis combines three angles: the judge (Joëlle Adda, former President of the administrative Court of Lille), the law professor (Rafael Amaro), and the court-accredited expert (Jean-François Laborde).
Amongst other findings, the study shows that French administrative courts have developed in recent cases a relatively large set of guidelines on how to assess cartel overcharges – covering for example topics such as whether to use court-appointed experts, which valuation methods to favour, whether overcharge estimates drawn from the infringement decision are useful or not, in which circumstances harm was possibly suffered after the end of the cartel, etc.
The study was published on 18 February 2019 by Dalloz AJDA. It can also be accessed by following this link.