Judicial Damage Assessment in Cartel Damages Proceedings in Germany, the United Kingdom, the Netherlands and Spain – A Level Playing Field?

Abstract This article provides a comparative analysis of judicial approaches to damage assessment in cartel damages proceedings across Germany, the United Kingdom, the Netherlands and Spain as the major jurisdictions for follow-on claims. The authors contend that, despite a shared standard for the quantum assessment, differences arise primarily from the varied application of factual presumptions and the reliance on expert reports, illustrating the intricate nature of quantifying cartel damages and the challenges faced by courts.