The present paper analyzes the interaction between the economic review of the probition of abuses of a dominant position (Article 82 EC) on the one hand and the efforts to enhance private enforcement of competition law through private damage claims on the other hand. The paper argues that...

This paper analyses the legal measures adopted to implement Directive 2014/104/EU into Spanish law. After briefly looking at the context of private enforcement of competition law in Spain, it examines the process followed for the transposition and the issues discussed before the adoption of the...

According to well-established case-law of the European Court of Justice, in the European Union, parent companies can be fined for antitrust infringements by their subsidiaries. Furthermore, under a new EU Directive, signed into law on 26 November 2014, parent company liability is likely to be...

Economists regularly appear as expert witnesses in antitrust litigations. The paper analyzes how their models and methodologies have performed vis-à-vis the standards of relevance and reliability affirmed by the US Supreme Court in its 1993 Daubert decision. Some tentative explanations for the...

At first glance, Holmes's general prominence in American jurisprudence does not appear to carry over into antitrust law. His antitrust opinions often appear to a modern reader perverse. Early in his tenure on the Supreme Court, he opined in his famous dissent in Northern Securities Co. v. United...

The growing scale of enforcement of China's Anti-Monopoly Law (AML) has drawn the attention of multinational businesses, their legal counsels, and the academic community concerned with the development of this branch of law. While much of the public discourse has evolved around the public...

The EU Directive on Antitrust Damages Actions holds multiple injurers jointly and severally liable for the harm they cause through jointly infringing the competition laws. If an injurer pays to a victim more than the injurer's fair share, the latter is entitled to obtain a contribution from any...

It is a well-established principle of EU competition law that parent companies can be fined for antitrust infringements by their subsidiaries. Under the new EU Directive on Antitrust Damages Actions, parent company liability is likely to be extended to private antitrust suits. In the United...

Despite the adoption of the European Damages Directive and its transposition to national legal systems, a number of obstacles to antitrust damages actions in the EU still persist. Such obstacles stem from both substantial and procedural aspects. Information and data available to plaintiffs and...