the steady state is the "ramp-up loss." The experts for the parties agreed that to determine Apotex's profits in the "but for" world, this ramp-up loss must be taken into account, so that Apotex's profits would be somewhat lower than if it had been able to sell at full capacity for the entire period [82]. The experts for the parties also agreed that as a matter of accounting practice and causation, Apotex should not suffer a double ramp-up loss [82]. Apotex actually suffered a ramp-up loss in the real world, and if a ramp-up loss is also deducted in constructing the "but for" world, then Apotex will face a double ramp-up loss, even though in either the real world or the "but for" world, the loss would have been suffered only once, albeit at different times. However, as noted above, the FCA has held that losses incurred outside the statutory period are not compensable, even if they were caused by the stay. Consequently, i n Apotex Inc v Sanofi-Aventis / ramipril 2012 FC 553 [265-270] Snider J refused to allow Apotex to deduct the ramp-up loss that occurred in the real world, holding that this was precluded by the FCA decision. Hughes J disagreed with Snider J on this point: [86] I am not satisfied, particularly given the common view of the accounting experts that, normally, compensation would be made to prevent a double ramp-up loss, that the Court of Appeal had this situation in mind. Nonetheless, citing "the interests