Damage Quantification in Exclusionary Abuse Cases

The last decade has witnessed a changing scene of exclusionary abuse cases. As a result, competition authorities around the globe are now investigating new forms of exclusionary abuse in fast-evolving markets. These changes inevitably affect our understanding of the harm caused by exclusionary conduct and how redress is sought. Although there are many academic and practitioner papers on estimating damages in cartel and excessive pricing cases, they have limited applicability to exclusionary cases. This paper provides an overview of the main considerations that should apply in damage quantification in exclusionary abuse cases. We do this by giving a detailed account of the main characteristics of damage claims in these cases, reviewing the theories of harm and, building on these theories, discussing possible counterfactuals and methods for estimating the magnitude of harm.