7 The Interaction between Public Enforcement and Private Actions for Damages in Europe
Ioannis Lianos, Peter Davis, Paolisa Nebbia
Peter Davis, Ioannis Lianos, Paolisa Nebbia
- Joint ventures — European Union — Arbitration procedures — Appeals — Damages
The interaction between action for damages and the public enforcement of competition law is of particular interest for all jurisdictions that have made the choice of a dual enforcement system for their competition laws. The chapter explores the interaction from an optimal enforcement theory perspective, as well as its more practical dimension, including access to evidence, the effect of national competition authorities’ decisions, joint and several liability, the interaction of leniency and actions for damages, interaction of private enforcement with ADR, limitation periods, punitive damages, and public law enforcement.