El pleno resarcimiento derivado de colusión: su tratamiento en la legislación y jurisprudencia europea y chilena de competencia

Abstract

This article describes the origin of the concept of full compensation in European competition jurisprudence, its legislative evolution, its requirements and characteristic elements, and the problems that arise as a consequence of its implementation in the member countries, such as: the obligations that it generates in the companies involved in a cartel, the “passing on” defense and the quantification of the damages that give rise to the eventual compensation of damages in favor of consumers. Special emphasis will be placed on a comparative study between Spanish legislation and jurisprudence and the Chilean legal system.