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Part III The Legal Framework, 6 Basic Elements of a Claim

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.