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7 The Interaction between Public Enforcement and Private Actions for Damages in Europe

Ioannis Lianos, Peter Davis, Paolisa Nebbia

From: Damages Claims for the Infringement of EU Competition Law

Peter Davis, Ioannis Lianos, Paolisa Nebbia

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 07 August 2020

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.

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