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Part II Elements of Private Enforcement Systems, 7 Defendants and Liability

From: The Private Enforcement of Competition Law (1st Edition)

Pedro Caro de Sousa

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 19 July 2024


This chapter tackles the notion of who may be liable for competition damages. It discusses the rules that determine the extent of defendants’ liability. The general rules on liability usually require the defendant to have been at fault (by intention or through negligence) in order for it to be liable for the damages caused by its actions. Fault generally refers to intent or negligence regarding conduct, instead of the damages created by the conduct. The chapter also elaborates on the key concepts of individual, joint, and several liability in line with multiple tortfeasors who are jointly responsible for the loss.

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