Session 3
8th, 9th and 10th June 2023
Quantifying damages and Passing-on

THURSDAY 8th June

16:00 Coffee and registration

16:30 Welcome address by Judicial Authorities, Dean of the Faculty and Director of the Programme

17:00 Opening Speech: Economics of calculating cartel damages: Link between damages and theories of harm, Main overcharge estimation techniques: comparator, market structure, financial methods, Interest and financing losses.

18:00 Coffee break

18:30 Panel 1: Expert evidence on the quantification of harm:
a procedural view.

- Expert role: party and judicial experts

- Presentation of expert evidence, exchanges between
experts, amendment or extension of expert evidence
during process.

- Judge’s role, “hot-tubbing”, expert teach-ins,
hearing duration and presentation tools.

20:00 Cocktail

FRIDAY 9th June

9:30 Panel 2: Passing-on (the legal view)

- Legal matters: standing of indirect purchasers (or buyers), legal causation (remoteness), full compensation and unfair enrichment, policy considerations.

- Heads of harm: passing-on of overcharges and loss of
sales (volume effects).

- Evidentiary issues.

11:00 Coffee break

11:30 Panel 3: The economics of passing-on.

- Methods of quantification (direct estimates, pass-on rate approach, calculation of volume effects, holistic approaches).
- Economic theory and its role

- Factual and expert evidence of passing-on.

14:00 Lunch

16:00 Panel 4: Judicial evaluation of the evidence.

- Burden of proof and presumption of harm.

- Standard of proof for claimants and defendants.

- Exercise of Directive Court’s estimation damages faculty.

18:00 Coffee

18:30 Econometrics Workshop

21:00 Dinner

SATURDAY 10th June

10:00 Mock Trial: Expert evidence report judicial contest.

12:00 Coffee break

12:30 Closing judicial speech: Economics and Law in
competition damages actions.

13.30 Closing ceremony

14:00 Spanish wine