Fabian Rinnen publishes article on prima facie evidence and the estimation of overcharge following BritNed vs ABB.
The BritNed v ABB judgment provides insights into how courts evaluate the empirical quantification of cartel damages, with implications also for other jurisdictions. Although BritNed was awarded damages, the econometric analysis of her expert was rejected on the grounds that the statistical test was inappropriate. The test supposedly assumes prima facie evidence of a cartel-related overcharge.
Fabian’s article corrects some statistical concepts, which are not clearly presented in the judgment and at times misinterpreted and concludes that the statistical test carried out by the BritNed expert is in fact adequate in the empirical investigation of cartel damages without prima facie evidence being required.
The article titled “One-sided tests and the prima facie evidence of a cartel-related overcharge – insights from the BritNed v ABB judgment” is published and available online in the Journal of Competition Law and Economics.