Part I EU Competition Law Private Enforcement and the Antitrust Damages Directive, 1 Damages Actions in the Enforcement of EU Competition Law
Barry Rodger, Miguel Sousa Ferro, Francisco Marcos
Edited By: Barry Rodger, Miguel Sousa Ferro, Francisco Marcos
- Basic principles of competition law — Damages — Application of EU competition rules — Private enforcement — Court of Justice
This chapter sets the context for the EU’s Antitrust Damages Directive of 2014 in order to understand its significance and potential impact. It first provides a historical background to EU competition law before discussing its public enforcement, focusing on the traditional role of the European Commission in enforcing the EU competition law rules. It then considers developments in EU law private enforcement, citing the role of the Court of Justice of the European Union (CJEU) and European Commission in seeking to promote and facilitate private enforcement, particularly damages actions. It also examines the experience of damages actions in the EU, the issue of collective redress, the US antitrust private enforcement context and experience, and EU private international law rules and their significance for raising damages actions across the Member States’ courts. The chapter concludes with an assessment of the development of competition law damages actions under EU law.