Brattle Principals Carlos Lapuerta and Richard Caldwell have co-authored an article published in Global Arbitration Review’s (GAR) Guide to Damages in International Arbitration that addresses issues relevant to the calculation of damages from competition claims.
In the article, “Damages in Competition/Antitrust Arbitrations,” the authors point out that several arbitrations involve competition law claims. More specifically, in arbitration proceedings that involve contracts, one party may claim that a particular contractual provision is anticompetitive, or that market power or abusive conduct has distorted the market in a manner that is relevant to the question facing the tribunal.
To further explain the issues related to the calculation of damages from these claims, Mr. Lapuerta and Mr. Caldwell discuss the determination of market shares and the calculation of overcharges in price-fixing and monopolization cases. Additionally, they debate claims that damage awards can distort competition or set adverse precedent that would undermine the future enforcement of competition law.
To read the article in its entirety, please click below.