Alternative Remedies for Breach of Competition Law: A Case for Restitution for Wrongs

Matthew Tweddell & Konstantinos Pantelidis

Journal of Competition Law and Economics2025https://doi.org/10.1093/joclec/nhaf018article
AJG 1ABDC B
Weight
0.50

Abstract

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.

Open via your library →

Cite this paper

https://doi.org/https://doi.org/10.1093/joclec/nhaf018

Or copy a formatted citation

@article{matthew2025,
  title        = {{Alternative Remedies for Breach of Competition Law: A Case for Restitution for Wrongs}},
  author       = {Matthew Tweddell & Konstantinos Pantelidis},
  journal      = {Journal of Competition Law and Economics},
  year         = {2025},
  doi          = {https://doi.org/https://doi.org/10.1093/joclec/nhaf018},
}

Paste directly into BibTeX, Zotero, or your reference manager.

Flag this paper

Alternative Remedies for Breach of Competition Law: A Case for Restitution for Wrongs

Flags are reviewed by the Arbiter methodology team within 5 business days.


Evidence weight

0.50

Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40

F · citation impact0.50 × 0.4 = 0.20
M · momentum0.50 × 0.15 = 0.07
V · venue signal0.50 × 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.