A panacea for competition law damages actions in the EU? A comparative view of the implementation of the EU Antitrust Damages Directive in sixteen Member States

Rodger, Barry J. and Sousa Ferro, Miguel and Marcos, Francisco (2019) A panacea for competition law damages actions in the EU? A comparative view of the implementation of the EU Antitrust Damages Directive in sixteen Member States. Maastricht Journal of European and Comparative Law, 26 (4). pp. 480-504. ISSN 1023-263X (https://doi.org/10.1177/1023263X19861032)

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Abstract

This article makes an original contribution to the literature on the developing area of private enforcement of EU competition law. It delivers a significant, rigorous and comprehensive analysis of the transposition across a broad selection of Member States (MS) of a major EU Directive introduced with the aim of harmonizing and facilitating competition law damages actions across the EU. It looks at the implementation of the Directive 2014/104/EU in sixteen MS. It analyses the solutions followed by each of those MS in addressing the various issues raised by the Directive (liability and compensation, joint liability, statute of limitations, quantification of harm, passing-on defence and indirect purchasers claims, access to evidence and collective redress).

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