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We investigate the relationship between public and private enforcers introducing a more differentiated approach. In contrast to the existing literature, we take into account that the costs and benefits of detection and prosecution and, thus, the usefulness of each enforcement mode may change...
Persistent link: https://www.econbiz.de/10014156906
In a tort law regime established on the basis of corrective justice considerations, causation requirements will tend to play a predominant role in regulating the damages claims brought forward. The requirement of the causal link between the harm suffered and the anticompetitive conduct in...
Persistent link: https://www.econbiz.de/10014138101
In this article I evaluate the available case law (16 cases) on the private enforcement of Hungarian and EU competition rules in stand-alone actions. Before 1st of November 2005 it was not clear whether it was possible to initiate stand-alone actions based on Articles 11 (anticompetitive...
Persistent link: https://www.econbiz.de/10014148571
When the European Commission proposed Directive 2014/104/EU (the Directive), two explicit aims were to optimise the interaction of public and private enforcement as well as ensuring that those who have suffered damages as a result of competition law infringements can receive full compensation....
Persistent link: https://www.econbiz.de/10014106387
Competition law has proliferated around the world. Due to data limitations, however, there is little systematic information about the substance and enforcement of these laws. In this paper, we address that problem by introducing two new datasets on competition law regimes around the world....
Persistent link: https://www.econbiz.de/10014107908
Private enforcement of competition law in Germany and the Netherlands is booming. A surge in cartel damages actions has led to a flurry of judicial activity, while claim vehicles and claim funders continue to bring and fund new cases. At the same time, both jurisdictions also face significant...
Persistent link: https://www.econbiz.de/10013293999
This chapter aims to assess the tensions between diversity of national procedural and tort systems of Member States and attempts by EU institutions, especially the CJEU, to maintain the effectiveness of Articles 101 and 102 TFEU through a private enforcement of EU competition law. While...
Persistent link: https://www.econbiz.de/10014357947
The Monopoly Regulation and Fair Trade Act (hereinafter MRFTA: Korea's competition law), which was enacted in 1980, has been introduced and enforced to achieve more mature market economy. In order to normalize distorted market functions arising from the government-led economic growth, the...
Persistent link: https://www.econbiz.de/10014065804
Digitalisation is a challenge from the regulatory point of view. Competition law, as a special type of regulation, is no exception to this. The article explores the risks of digitalisation, especially the ones related to the enhanced use of pricing algorithms. In theory, pricing algorithms are...
Persistent link: https://www.econbiz.de/10014343785
The paper offers a reasoned and up-to-date reconstruction of the competition law enforcement system in the EU. It aims to explain what the architecture of competition law enforcement in the EU is, what the main achievements of the system are, as well as the challenges still threatening...
Persistent link: https://www.econbiz.de/10014264296