The harmonisation of the law of damages and its procedural rules for breach of European competition law: a critical analysis

K Law > K Law (General)

Petrucci, Carlo ; Rubini, Luca,Lonbay, Julian

University:University of Birmingham

Department:Birmingham Law School

关键词: K Law;    K Law (General);   

Others  :  http://etheses.bham.ac.uk//id/eprint/5015/1/Petrucci14PhD.pdf

来源: University of Birmingham eTheses Repository

【 摘 要 】

This dissertation examines the case for harmonising some national rules, relating to the law of damages and civil procedure, which are applied to national proceedings for compensation of losses resulting from breach of Articles 101 and/or 102 TFEU. Before answering whether such rules should be harmonised, the dissertation examines the broad policy rationale behind private enforcement of competition law, its goals and limits. The findings are that private enforcement plays a positive role both to compensate antitrust victims and deter undertakings from breaching competition law. This provides a sound policy for harmonisation of private enforcement rules. Subsequently, the dissertation examines the main arguments against and for harmonisation. It is argued that the case for harmonisation is more convincing than the case against. Then, the arguments for harmonisation are tested in respect of some national rules that play a pivotal role in national competition law proceedings. Although few antitrust actions are brought, it is suggested that some national rules might not comply with the EU principle of effectiveness. In addition, even if such national rules did comply with this principle, the risk of forum shopping and the problem of excessive disparity of the level playing field are likely to materialise. Thus,harmonisation of private enforcement rules is desirable.