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Journal ArticleDOI

Private enforcement of EU Competition Law between public and private issues

02 Oct 2012-International Journal of Public Law and Policy (Inderscience Publishers Ltd)-Vol. 2, Iss: 4, pp 335
TL;DR: In this article, the authors underline some of the main issues that Member States face in attempting to reconcile national tort law systems with EU goals in competition law and argue that the very notion of private enforcement tends to achieve two different purposes: on the one hand, corrective justice and, on the other hand, a functional system of deterrence.
Abstract: This work underlines some of the main issues that Member States face in attempting to reconcile national tort law systems with EU goals in competition law. As a matter of fact, the very notion of private enforcement tends to achieve two different purposes: on the one hand, corrective justice and, on the other hand, a functional system of deterrence (§ 1). This difference between public and private aims could determine diverse misconstructions (§ 2), since social losses are not always the cause of private losses (§§ 3–4). In particular if private actions are indeed meant to propel protection of market fairness by conferring upon private citizens the role of ‘private attorney general’, as in the USA, compensation-based tort law systems seem ineffective. Moreover, it is not even correct to justify the private enforcement of antitrust discipline through an incoherent increase of consumer protection (§ 5), but it is necessary that Member States adopt special legislation on this point.
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Book
02 Jan 2020
TL;DR: Lombardi et al. as discussed by the authors 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.
Abstract: 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.

45 citations

Book ChapterDOI
01 Jan 2020

20 citations

Book ChapterDOI
01 Jan 2020

20 citations

Book ChapterDOI
01 Jan 2020

20 citations