EU Competition Law Damages Directive: Recalibrating the Equilibrium between Private and Public Enforcement?

This article explores the implications of the EU Competition Law Damages Directive for the interplay between private enforcement and public enforcement by national competition authorities. It analyses particular provisions of the Directive and offers some concrete illustrations of the Directive'...

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Bibliographic Details
Published in:Journal of business law 2018-07 (5), p.390
Main Author: Lucey, Mary Catherine
Format: Article
Language:English
Subjects:
Competition policy
Enforcement
Infringement
Online Access:Get full text
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Summary:This article explores the implications of the EU Competition Law Damages Directive for the interplay between private enforcement and public enforcement by national competition authorities. It analyses particular provisions of the Directive and offers some concrete illustrations of the Directive's impact on national law covering areas such as limitation periods, calculating compensation for infringements of competition law and access to evidence (discovery) including evidence held in the files of national competition authorities. It concludes that while the Directive aims to facilitate more private enforcement its provisions embed strong protection for the operation of public enforcement.
ISSN:0021-9460