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Part III Comparative Analysis of the Transposition Processes and Outcomes, 20 Transposition: Key Issues and Controversies

Barry Rodger, Miguel Sousa Ferro, Francisco Marcos

From: The EU Antitrust Damages Directive: Transposition in the Member States

Edited By: Barry Rodger, Miguel Sousa Ferro, Francisco Marcos

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 17 January 2021

Damages — Application of EU competition rules — Jurisdictions

This chapter examines how the Member States have addressed most of the key issues and controversies arising from the transposition of the Antitrust Damages Directive within their respective legal systems. It first considers the substantive grounds and conditions for liability, highlighting several legal debates that are likely to arise in the context of liability, such as those relating to fault, the characterization of the type of liability in question and the consequences thereof, and the liability of the parent company. It then discusses joint liability, particularly the liability of immunity recipients and of small to medium-size enterprises, and issues concerning access to evidence, specialized courts that would hear antitrust damages actions, limitation periods, the binding force of public enforcement decisions, the right to full compensation, quantification of harm, passing-on, consensual dispute resolution (settlements and alternative dispute resolution), and collective redress.

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