Ginevra Bruzzone, Aurora Saija

Private and Public Enforcement in the Aftermath of the Transposition of the Damages Directive

  • Abstract

Informations and abstract

Keywords: Private Enforcement; Competition Law; Damage Compensation; Public Enforcement.

Directive 2014/104/Eu entails significant changes for private and public enforcement of competition law in the Member States, although without altering the traditional Eu model based on a complementary role of the two channels. A compensative approach to antitrust damages is being promoted also in Member States which had different traditions. The need for case-management skills under the new rules of procedure and for acquaintance with Eu case-law requires a growing level of specialization for judges and increases the importance of a well-functioning Eu network of competition law judges. An effective private enforcement allows competition authorities to choose priorities of action in the public interest. The binding effect of public enforcement decisions finding an antitrust infringement strengthens the need for a full judicial review, even in the absence of a fine and therefore beyond the criteria set by the European Court of Human Rights in the "Menarini" judgment.

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