The doctrine of direct effect and its role in competition law

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Andriychuk, Oles; (2021) The doctrine of direct effect and its role in competition law. In: Global Dictionary of Competition Law. Concurrences, Paris, France, 1–4.

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Abstract

Direct effect is a concept, which is mainly used in the situations of parallel application of two or more legal systems: national and inter-/supranational or state and federal. Its rationale concerns the question of establishing legally binding and directly enforceable rights and obligations for the individuals vis-à-vis the states (vertical direct effect) and individuals vis-à-vis one another (horizontal direct effect). Usually, the principle is associated with the problems of the division of competences between the coexisting legal systems concerning the instances of a deeper and a more systematic application of the provisions of the upper legal system. The term is also relevant for the purely domestic situations. For example, when deciding upon enforceability of certain constitutional provisions, which are broad and allow different (and conflicting) interpretations.

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