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Licensed Unlicensed Requires Authentication Published by De Gruyter August 5, 2022

Liability for Competition Restrictions: EU Law Developments

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This article concerns recent developments in the field of liability claims for infringements of EU competition law. After overviewing topical matters, this contribution focuses on the Court of Justice of the European Union (CJEU) and the continuing relevance of its case law to several basic questions that arise in damages cases. The evolving interpretation of primary law, and what is required to ensure its full effectiveness, still occupies a central position in the private enforcement of EU competition law. Moreover, principles such as effectiveness and equivalence constrain the discretion of Member States to lay out and apply supplementary remedial and procedural rules. The foregoing implies that, despite the apparent legislative harmonisation of damages claims in the EU, litigants and national courts should follow developments in the case law.


This and the following articles are revised versions of the lectures given at the 21st Annual Conference on European Tort Law from 21–22 April 2022 in Vienna in a special conference session on Competition Law, Data Protection and Liability – Where is EU Tort Law Heading?

Published Online: 2022-08-05
Published in Print: 2022-08-04

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