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Private Enforcement of Competition Law. Diversified Effects of Haphazard Harmonisation

Authors: Kozak, Małgorzata;

Private Enforcement of Competition Law. Diversified Effects of Haphazard Harmonisation

Abstract

This chapter aims to assess the tensions between diversity of national procedural and tort systems of Member States and attempts by EU institutions, especially the CJEU, to maintain the effectiveness of Articles 101 and 102 TFEU through a private enforcement of EU competition law. While analysing the evolution of private enforcement of competition law within the EU, it is clear that in spite of ground-breaking instruments such as Directive 2014/104, the current legal framework is still far from being complete and successful. At first, the chapter analyses the objectives of the Directive and of the private enforcement, then discusses the process of adoption of the Directive. Subsequently, it deals with the character and the scope of the Directive, and then its implementation process. Finally, it analyses the areas that are generally harmonised in the Directive, but their detailed scope remains implicit and the non-harmonised areas left beyond the scope of the Directive and the role of the CJEU. At the end, critical conclusions are withdrawn.

Country
Netherlands
Related Organizations
Keywords

Private enforcement of competition law, Directive 2014/104, Competition law victims

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Powered by OpenAIRE graph
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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!
0
Average
Average
Average
Fields of Science
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