Passing game: the ongoing debate about pass-on in damages actions

The passing-on defence is routinely invoked in cartel damages actions in Europe: customers of the cartel may see their claim reduced, to the extent that they have passed the cartel overcharge on to their own customers. However, there is still much debate about how the passing-on defence applies in various jurisdictions, and how to quantify pass-on

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Marketing of football broadcasting rights: is competition off-side?

In June 2014 the world’s eyes will be on the FIFA World Cup in Brazil, but competition authorities are paying close attention to the way football broadcast rights are being marketed. Dr Christian Huveneers, Oxera Associate and assessor at the Belgian Competition Authority, discusses the economics of sports broadcast rights, how competition concerns can arise, and how they can be dealt with

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Competition law and patient choice in the NHS: help or hindrance?

Mergers between National Health Service (NHS) Foundation Trusts have recently been brought fully into the competition assessment process that applies to the mainstream economy. But the outcomes from the first major cases have been contentious. Oxera Senior Adviser, Fod Barnes, asks whether the process has exposed significant differences between the dynamics of service provision in the NHS and how the rest of the economy behaves, and/or an inability of health service stakeholders and competition authorities to communicate in a common language

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Throwing good money after bad? EU rescue and restructuring aid guidelines

As part of its state aid modernisation initiative, the European Commission is revising its guidelines for rescue and restructuring (R&R) aid. Oxera’s 2009 report on restructuring aid provided evidence on the indicators and impact of financial difficulty, to inform the Commission’s decision criteria. The Commission’s proposed revisions to the guidelines now emphasise a role for objective economic analysis—such as financial ratios and counterfactual economic scenarios—in assessing whether to allow R&R aid

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