Regulatory reform efforts in a broad range of industries have resulted in increased importance of competitive forces as a means to allocate resources and improve economic efficiency. A number of indicators suggest that such forces have been stronger in the United States than in most other OECD...

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...

The EC antitrust prohibitions are regularly invoked in private litigation as a shield. Private parties also play an important role in public antitrust enforcement through complaints to the competition authorities. However, in marked contrast with the situation in the US, private actions for...

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...

This paper analyses the functioning of the passing-on of price overcharges in damages actions for breaches of EU competition law and aims to give a critical appraisal of the present regulatory framework in Europe. In particular, this paper maintains that the European Directive 2014/104, in order...

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...

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...

After a long preparatory process, a Directive harmonizing certain national rules on private enforcement of competition law has been adopted by the European Parliament. In this contribution it is investigated whether harmonization of these rules was desirable and whether the main objectives of...