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SSRN Electronic Journal
Article . 2015 . Peer-reviewed
Data sources: Crossref
European Competition Journal
Article . 2016 . Peer-reviewed
Data sources: Crossref
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Compensation and the Damages Directive

Authors: Peyer, Sebastian;

Compensation and the Damages Directive

Abstract

The EU Damages Directive came into force in December 2014. One of its objectives is to ensure that anyone who has suffered harm caused by infringements of competition law can effectively exercise the right to claim full compensation in the courts of the EU Member States. This paper looks closely at the Directive’s compensation goal and the key arrangements that are to encourage victims to seek redress in the national courts. The paper uses a simple framework to demonstrate that the legal measures in the Damages Directive are unlikely to foster compensation because they fail to create incentives for harmed individuals to seek redress. If Member States seek to encourage full compensation, they should devise a framework for private antitrust actions that goes beyond the Directive’s remit by, for example, allowing class actions.

Country
United Kingdom
Related Organizations
Keywords

340, 330

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    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    6
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
6
Average
Average
Average
Green
bronze