Compensation and the Damages Directive

Peyer, Sebastian (2016) Compensation and the Damages Directive. European Competition Journal, 12 (1). pp. 87-112. ISSN 1744-1056

Preview

PDF (Accepted manuscript) - Accepted Version Download (272kB) | Preview

Abstract

The EU Damages Directive came into force in December 2014. One of its objectives is to ensure that anyone who has suffered harm caused by infringements of competition law can effectively exercise the right to claim full compensation in the courts of the EU Member States. This paper looks closely at the Directive’s compensation goal and the key arrangements that are to encourage victims to seek redress in the national courts. The paper uses a simple framework to demonstrate that the legal measures in the Damages Directive are unlikely to foster compensation because they fail to create incentives for harmed individuals to seek redress. If Member States seek to encourage full compensation, they should devise a framework for private antitrust actions that goes beyond the Directive’s remit by, for example, allowing class actions.

Item Type:	Article
Uncontrolled Keywords:	private antitrust enforcement,competition law,damages actions,damages directive,eu,eu competition law
Faculty \ School:	Faculty of Social Sciences > School of Law
UEA Research Groups:	Faculty of Social Sciences > Research Groups > Competition, Markets and Regulation Faculty of Social Sciences > Research Groups > Media, Information Technology and Intellectual Property Law Faculty of Social Sciences > Research Centres > Centre for Competition Policy
Related URLs:	http://www.tandfonline.com/doi/full/10.1...
Depositing User:	Pure Connector
Date Deposited:	24 Sep 2016 00:16
Last Modified:	20 Apr 2023 00:10
URI:	https://ueaeprints.uea.ac.uk/id/eprint/59955
DOI:	10.1080/17441056.2016.1221168

Downloads

Actions (login required)

View Item