The Passing-On Problem in Damages and Restitution under EU Law

‘Passing-on’ occurs when harm or loss incurred by a business is passed on to burden that business’s customers or the next level of the supply chain. In this thoroughly revised and updated second edition, the authors provide the only available comprehensive examination of passing-on in damages and restitution under EU law. The analysis covers a broad range of contexts including competition damages and the repayment of charges.

The book offers a systematic examination of the key questions facing parties in a passing-on situation: When can downstream claimants bring an action? How can claimants demonstrate sufficient proximity to the original harmful act or unjustified transaction? Will the possibility of passing-on be relevant to the estimation of the award? These questions are assessed for actions against the EU, a Member State and private individuals.

Key Features:
• A specific focus on EU law and guidance that will be relevant to lawyers throughout the EU
• A multi-faceted and fully contextualised analysis of the defence of passing-on and the position of potential claimants downstream in the supply chain
• Practical suggestions for consistent approaches to passing-on in EU law across existing and future contexts
• Extensive updates comprising new case law and materials across all contexts examined
• An expansion of discussions to encompass crucial new developments since the first edition of the book

This magisterial work is an invaluable point of reference for practitioners working in damages and restitution law, but also in other fields of commercial law, including competition law and consumer law. Legislators and policy-makers in the EU and beyond will also benefit from the lucid analysis of the various policy choices made in the EU and US.