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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...
Persistent link: https://www.econbiz.de/10013134375
This paper demonstrates that the concepts of harm and damages as they are used in tort law pose some serious conceptual problems in the area of antitrust law. Consequently, there are some limits to the private enforcement of antitrust law via damages actions that have to be taken into account...
Persistent link: https://www.econbiz.de/10013099273
Persistent link: https://www.econbiz.de/10013001423
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...
Persistent link: https://www.econbiz.de/10012962488
This article investigates the purpose and workings of EU competition law and policy: how does the protection of competition promote welfare? It scrutinizes the claim that sustainable consumption and production (SCP) requires flexible rather than strict enforcement of Article 101 TFEU. Flexible...
Persistent link: https://www.econbiz.de/10012899626
On 11 June 2013, the European Commission adopted a package of measures to tackle the lack of an efficient and coherent private enforcement system of EU competition law in its Member States. In particular, a draft Damages Directive was proposed in order to meet the need for a sound European...
Persistent link: https://www.econbiz.de/10012979687
The European Commission (EC) and the European Courts have being reaffirming in the Deutsche Telekom and Telefónica cases that guide-prices established by sector regulators upon electronic communications incumbents cannot per se exclude that conducts with anticompetitive foreclosure effects,...
Persistent link: https://www.econbiz.de/10013005613
This article investigates the purpose and workings of EU competition law and policy: how does the protection of competition promote welfare? It scrutinizes the claim that sustainable consumption and production (SCP) requires flexible rather than strict enforcement of Article 101 TFEU. Flexible...
Persistent link: https://www.econbiz.de/10012850358
Over the past ten years several EU Member States decided to integrate their competition authorities with their consumer protection agencies. In 2010, the Danish Competition Authority and the Danish Consumer Agency merged into the Danish Competition and Consumer Authority. In 2013 the Finnish...
Persistent link: https://www.econbiz.de/10012857130
This paper presents results from a laboratory experiment on the channels through which different law enforcement strategies deter cartel formation. With leniency policies offering immunity to the first reporting party a high fine is the main determinant of deterrence, having a strong effect even...
Persistent link: https://www.econbiz.de/10013050458