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CARTEL DAMAGES CLAIMS AND THE PASSING-ON DEFENSE -super-*

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  • FRANK VERBOVEN
  • THEON van DIJK

Abstract

We develop a general framework for computing cartel damages claims. We decompose a direct purchaser plaintiff's lost profits in three parts: the price overcharge, the pass-on effect and the output effect. The output effect is usually neglected: it is the lost business resulting from passing on the price overcharge. To evaluate the relative importance of the three effects, we introduce various models of imperfect competition for the plaintiff's industry. We show that the passing-on defense generally remains justified after accounting for the output effect, provided that the cartel affects a sufficient number of firms. We derive exact discounts to the price overcharge, and illustrate how to compute these in the European vitamin cartel. We finally extend our framework to measure the cartel's total harm, i.e., the total damages to direct purchasers and their consumers. Copyright 2009 The Authors. Journal compilation 2009 Blackwell Publishing Ltd. and the Editorial Board of The Journal of Industrial Economics.

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Bibliographic Info

Article provided by Wiley Blackwell in its journal The Journal of Industrial Economics.

Volume (Year): 57 (2009)
Issue (Month): 3 (09)
Pages: 457-491

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Handle: RePEc:bla:jindec:v:57:y:2009:i:3:p:457-491

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Cited by:
  1. Boone, J. & Müller, W., 2008. "The Distribution of Harm in Price-Fixing Cases," Discussion Paper 2008-68, Tilburg University, Center for Economic Research.
  2. Roman Inderst & Frank Maier-Rigaud & Ulrich Schwalbe, 2013. "Quantifizierung von Schäden durch Wettbewerbsverstöße," Working Papers 2013-ECO-08, IESEG School of Management.
  3. Doose, Anna Maria, 2013. "Methods for calculating cartel damages: A survey," Ilmenau Economics Discussion Papers 83, Ilmenau University of Technology, Institute of Economics.
  4. Frank Maier-Rigaud, 2013. "Towards a European Directive on Damages Actions," Working Papers 2013-ECO-16, IESEG School of Management.
  5. Laitenberger, Ulrich & Smuda, Florian, 2013. "Estimating consumer damages in cartel cases," ZEW Discussion Papers 13-069, ZEW - Zentrum für Europäische Wirtschaftsforschung / Center for European Economic Research.

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