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Part II Elements of Private Enforcement Systems, 8 Establishing an Infringement

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 discusses the establishment of an infringement, one of the required elements for a claim for liability for damages to be made under tort law. It discusses the difficulty for claimants of establishing an infringement on their own, and discusses how claimants may rely on previous infringement decisions by a competition authority in follow-on damages actions. The chapter also elaborates on the scope of the effect of infringement decisions on damages claims.

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