Detriment

• Detriment
• Causality
• Illegality
• Unlawfulness context
• Adequateness
• Culpability
• Activity and Passive Legitimation
• Process-related aspects
• Defendant's objections and counter-strategies
• Company law issues
• Criminal law
• Tax and accounting issues

Detriment

The aim of tort law is to place the injured party in the same position as if the damage had not occurred. The aggrieved party should compensate for the loss incurred, but should not have to pay more or less. Accordingly, the aggrieved party is obliged to compensate the aggrieved party for the positive loss, loss of profit and interest. In contrast to Anglo-American law, there is no punitive damage in Austria and thus no overcompensation.

§ Section 37c (2) KartG states the legal presumption that a cartel between competitors has caused damage. This presumption can be refuted.

One of the most difficult challenges in antitrust damages law is determining the amount of damages. The plaintiff is required to provide evidence for the amount of the damage.

In science, numerous methods have been developed to determine the amount of damage. The practitioner must analyse the specific facts of the case to determine which calculation method is most useful in order to determine the specific damage in each case. For this purpose, it will regularly make sense for the plaintiff to call in an expert with sufficient experience to determine the amount of the damage before the start of legal proceedings.

Details can be found in the book starting on page 206.