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Oxford Competition Law (OCL) is the only fully integrated service to combine recognised market-leading commentaries with rigorous, selective National case reports and analysis from EU member states. OCL provides a suite of fully interlinked competition analysis, peer reviewed case reports and source materials - the ideal resource for assisting with case preparation.
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The principle of relative responsibility for harm in the Directive 2014/104/UE
Dr. Enrique Sanjuán y Muñoz
12th April 2019
As defined in Article 3 of the Directive, the injured party must be fully compensated. Articles 11.5, 11.6 and Article 19.4 of the Damage Directive reveal a principle that considers the responsibility of offenders in anti-competitive behavior based on the relativity of its participation. On the one hand, the relative responsibility is related to the concrete quota of participation and its calculation for each offender in the concrete conduct. This should be qualified considering several assumptions: a) there will nevertheless be a joint and several liabilities of all the offenders against the injured party; b) that relative responsibility will be determined based on the possibility of claiming that one of these offenders could face the other co-infringers when the compensation paid to the injured party is greater than the one that corresponds to him by virtue of that participation; c) the relative responsibility is determined based on criteria such as the turnover of each one of them, the market share, or the specific function that they would have had in the infringing conduct; d) the principles of effectiveness and equivalence must always be respected. In addition, cooperation, attenuating factors, and agreements of those who violate such conduct must be taken into consideration.
April 15, 2019
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February 25, 2019