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Part III Comparative Analysis of the Transposition Processes and Outcomes, 21 Concluding Remarks

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

Basic principles of competition law — Damages — Application of EU competition rules

This chapter reflects on how the book has examined the implementation of the EU's Antitrust Damages Directive across a selected number of key Member States and how its transposition has impacted on one particular aspect of the EU competition law enforcement framework: private enforcement through competition damages claims. It has discussed the national transposition processes, debates, and final measures introduced and implemented, and how best to incorporate the Directive within the pre-existing national legal provision, as well as considering some of the key problems in implementing the Directive. A number of unresolved and complicated issues have been identified, such as those relating to the practical application of the rules on the presumption of harm, passing-on and quantification of damages, how to determine liability within groups of companies, how to apportion joint and several liability between co-infringers, and consumer/collective redress in the competition law context.

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