EU Finalizes Antitrust Pass-Thru Damages Guidelines

Law360 (July 2, 2019, 5:42 PM EDT) -- European Union antitrust officials announced the completion of long-in-the-works guidelines for the national courts of member countries to determine private litigation damages passed on to "indirect purchasers" that are at least one step removed from price-fixing cartels.

The European Commission’s 54-page guidelines unveiled Monday have been in the works for years and represent a sharp contrast with antitrust law in the U.S., where only "direct" buyers can seek damages under U.S. Supreme Court precedent that considers apportioning damages further down the supply chain to be too complicated for courts.

In the EU, according to the guidelines, antitrust authorities operate under the...

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