Private enforcement in the European Union and the United States. A comparative analysis of the United Kingdom, Germany, the Netherlands, France and the United States in the light of the Directive on Antitrust Damages
PhD student: Mr P.D. Hildebrand
Promotors: Mrs Prof H.E.G.S. Schneider, Prof W. Devroe, Dr C. Cauffman
Duration: 1/9/2014 - 1/5/2017
PhD defence: Maastricht, 1/5/2017
This book has as its subject the private enforcement of European competition law in the light of Directive 2014/104/EU on Antitrust Damages. The direct effect of Articles 101 and 102 TFEU produces rights and obligations for the individuals concerned which national courts must enforce as laid down in BRT v Sabam in front the Court of Justice of the European Union in 1974. The right to compensation for competition law violations is not only an abstract right, but a substantive right of the highest legal value implemented in the European legal order. The right to damages has been reiterated by the Court of Justice in the cases Courage and Manfredi, where the court held that any party who was harmed through the acts of another party shall be compensated for this harm to the extent that this harm is attributable to the infringer. Parties who rely on the right under European law must enforce this right to damages in accordance with the national rules subject to the European Union law principles of effectiveness and equivalence. According to the European Commission, the divergence of national rules governing damages actions for infringements of the European competition rules, including the interaction of such actions with the public enforcement of those rules, has created a markedly uneven playing field in the internal market. In the light of the different legal approaches under national law, claimants have faced different legal hurdles in different jurisdictions causing a distortion for private litigation as such. This book clarifies under what circumstances a claim to damages exists, the legal consequences attached to it and the opportunities for the victim to enforce his claim in court.