Alternative Remedies for Breach of Competition Law: A Case for Restitution for Wrongs
Matthew Tweddell & Konstantinos Pantelidis
What the paper says
Any harm caused by an undertaking’s anticompetitive conduct may be recovered as damages. The conventional method used to determine the amount of damages recoverable is to, so far as possible, measure the claimant’s loss. An alternative method of calculating damages recognised in English law—though has not yet been awarded for breach of competition law—is to measure the defendant’s gain. The legal basis for bringing a claim for restitution or disgorgement for breach of competition law is unclear, with conflicting remarks subsisting at the appellate court level. In this article we make the case that, notwithstanding the lack of legal clarity in this area of law, a restitutionary or disgorgement-based remedy is available as a matter of law for breaches of competition law. We suggest that these kinds of remedies align with the aims of private enforcement of competition law and will likely play an important role in vindicating the rights of those that suffer competition harm in the future.
Evidence weight
Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40
| F · citation impact | 0.50 × 0.4 = 0.20 |
| M · momentum | 0.50 × 0.15 = 0.07 |
| V · venue signal | 0.50 × 0.05 = 0.03 |
| R · text relevance † | 0.50 × 0.4 = 0.20 |
† Text relevance is estimated at 0.50 on the detail page — for your query’s actual relevance score, open this paper from a search result.