Ending Substance's Indenture to Procedure: The Imperative for Comprehensive Revision of the Class Damage Action

1980 ◽  
Vol 80 (2) ◽  
pp. 299
Author(s):  
Stephen Berry
Keyword(s):  
Author(s):  
Veljanovski Cento

This chapter details some basic economics on how a sellers’ cartel sets its prices and volumes, and the losses these generate. In any damage action, the claimant must quantify the prices and volumes in the absence of the cartel. These are referred to as the ‘counterfactual’, ‘but for’, or to use the term in the Damages Directive, the ‘non-infringement’ prices and volumes. Overcharge, volume, and efficiency losses depend on demand and supply conditions, market structure, cost structure, and barriers to entry. The size of the overcharge and volume effect depends on the assumed counterfactual or non-infringement benchmark. If the benchmark is a competitive market, the losses will be largest. However, if the non-infringement situation are prices that would have been charged in a more concentrated market, then the overcharge and volume effects will be smaller.


2020 ◽  
Vol 10 (4) ◽  
pp. 842-846 ◽  
Author(s):  
Chuan Jiang ◽  
Hang Yin ◽  
Fan Yang ◽  
Xiaowei Jiang

In order to study the theoretical significance and practical value of the application of three-dimensional sensor tracking imaging in motion damage action detail feature extraction, the key technologies such as accurate segmentation of moving targets, regional feature extraction, target description and robust tracking are studied and discussed. The results show that the robustness of particle filter tracking algorithm in complex scenes can be effectively improved by using the separable feature information of the current tracking scene to track the target. From this it can be seen that the Bandelet transform based on geometric flow divides the image into regions, counts the histogram of the intensity distribution of the strip wave in all directions, and extracts the statistical features. Meanwhile, histogram features are normalized in order to maintain the robustness and selectivity of features.


Author(s):  
Veljanovski Cento

This chapter summarizes on the basic elements of a damage claim. To succeed in a competition damage action in a national court, those harmed must first establish a breach of Article 101(1) TFEU or its national equivalent. The claimant must then prove that the alleged harm was causally related to the breach and then quantify their losses. A successful claimant is entitled to full compensation, which means the sum of money which puts the claimant in the same financial position it would have been had the law not been infringed. A successful claimant is also entitled to pre-judgment interest on the damages that are awarded. This is to compensate for the time cost of the money ‘taken’ from the claimant.


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