Presumption of harms in cartel damages cases

Directive 104/2014 introduced the rebuttable presumption that cartel infringements cause harm. This provision, potentially determinative for successful claims, is in fact quite indeterminate. Also, its heterogeneous transposition by the member States give rise to remarkable differences across the jurisdictions, resulting in various levels of claimants’ protection, which undermine the primary purpose of harmonization and may encourage forum shopping.