COMPETITION • FRENCH LAW • CIVIL SANCTIONS
The counterfactual method consists in comparing the results achieved by the undertaking claiming to be a victim of anticompetitive practices during the infringement period with those who could have been obtained in the absence of the infringement. When the so-called “before/after” counterfactual model for the assessment of the damage is used, it must be based on actual market prices not hypothetical data and take into account price factors which are exogenous to the effects of the cartel.
