Competition law damages actions are often characterized by the uncertainty of the causal connection between the infringement and the harm. The damage consists in a pure economic loss flowing from an anticompetitive conduct. In such cases, the complexity of the markets structures, combined with the interdependence of individuals' assets, fuel this causal uncertainty. In this work, Claudio Lombardi elucidates the concept of causation in competition law damages actions and outlines its practical implications in competition litigation through the comparative analysis of the relevant statutory and case law, primarily in the European Union. This book should be read by practitioners, scholars, and graduate students with experience in competition law, as well as those interested in analyzing economic torts and causation in general.

Causation in Competition Law Damages Actions

This article scrutinizes the last ten years of the academic debate on EU citizenship law taking nine fundamental disagreements among scholars as starting points. It explores EU citizenship's relationship with three groups of issues of fundamental importance, including the place of this concept within the fabric of EU law, the influence of this concept on the essence of the Union as a system of multi-level governance, and its impact on the lives of ordinary Europeans. A large number of key works which influenced the Court and the legislator in the recent years is assessed to outline the likely direction of future research, as well as EU citizenship's future development. Although the literature on the subject is overwhelmingly rich and diverse, this article aspires to provide a representative sample of issues of interest for the framing of the concept at issue from a supranational perspective, necessarily leaving national literatures aside.

The Essence of European Citizenship Emerging from the Last Ten Years of Academic Debate : Beyond the Cherry Blossoms and the Moon?

https://www.zora.uzh.ch/id/eprint/168189/9/Just_2018_Governing_online_platforms_accepted_manuscript.pdf

Governing online platforms: Competition policy in times of platformization

espanolTras mas de medio siglo de aplicacion eminentemente publica del Derecho de la Com­petencia, estamos asistiendo a un impulso de la aplicacion privada, que permite a los perjudicados por conductas anticompetitivas reclamar danos y perjuicios ante los tribunales civiles. Tanto la Directiva 2014/104/CE como su transposicion en Espana por el RD Ley 9/2017 significan grandes avances en este ambito. El objeto del presente trabajo es el analisis y valoracion critica de los primeros pronuncia­mientos judiciales que han tenido lugar resolviendo estas reclamaciones, derivadas principalmente de carteles (azucar, seguro decenal, sobres de papel). Se prestara especial atencion a los informes periciales de valoracion del dano, asi como la diferente eficacia de las acciones follow-on y las stand-alone EnglishAfter more than half a century of public enforcement of Competition law in the EU, we gaze at the fostering of private enforcement, which allows filling damages actions to those who have suffered the economic harm due to anticompetitive practices. Both Directive 2014/104/CE and its implementation in Spain through RD Ley 9/2017 are significant steps in this direction. The aim of this paper is the critical analysis of the first judicial pronouncements dictated when dealing with such claims, basically provoked by cartels (such as sugar, property insurance or envelopes). We examine closely the relevance in these proceedings of the economic proof, as well as the different effectiveness of follow-on and stand-alone actions.

La aplicación privada del derecho de la competencia: acciones de daños y pronunciamientos judiciales

i ACKNOWLEDGMENTS ii ABBREVIATIONS vi 1 Democratic EU: From Representation to Participation 1 1.

Participatory democracy in the European Union : a civil perspective

Antitrust Damages in Portugal and Spain

Case C-721/20 DB Station & Service AG v ODEG Ostdeutsche Eisenbahn GmbH, Judgment of the Court of Justice (Fourth Chamber) of 27 October 2022 The right to damages arising from an infringement of Article 102 TFEU, which may also infringe the railway infrastructure Directive, can only be exercised after using the railway regulator’s appeal procedure. But what happens if the two sets of rules lead to different outcomes? Must the national court follow the regulator’s decision? Are competition authorities similarly prevented from acting? What if the regulator’s decision is not adopted, does not become res judicata or takes too long? And can this case-law be extended to other regulated activities? 

DB Station (C-721/20): How to Reconcile It with Fundamental Rights, Direct Effect and Hierarchy of Norms?

This article makes an original contribution to the literature on the developing area of private enforcement of EU competition law. It delivers a significant, rigorous and comprehensive analysis of the transposition across a broad selection of Member States (MS) of a major EU Directive introduced with the aim of harmonizing and facilitating competition law damages actions across the EU. It looks at the implementation of the Directive 2014/104/EU in sixteen MS. It analyses the solutions followed by each of those MS in addressing the various issues raised by the Directive (liability and compensation, joint liability, statute of limitations, quantification of harm, passing-on defence and indirect purchasers claims, access to evidence and collective redress).

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A panacea for competition law damages actions in the EU? A comparative view of the implementation of the EU Antitrust Damages Directive in sixteen Member States:

This paper looks at the changes brought to EU Competition Law, in what concerns vertical restraints on competition through the Commission Regulation (EU) 330/2010 and Commission Regulation (EU) 461/2010. It sets this reform against its historical background and discusses some of the main outstanding legal issues.

Miguel Sousa Ferro

Papers

Antitrust Damages in Portugal and Spain

DB Station (C-721/20): How to Reconcile It with Fundamental Rights, Direct Effect and Hierarchy of Norms?

A panacea for competition law damages actions in the EU? A comparative view of the implementation of the EU Antitrust Damages Directive in sixteen Member States:

The Latest Reform of EU Competition Law on Vertical Restraints