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Jones & Sufrin's EU Competition LawText, Cases & Materials

Jones & Sufrin's EU Competition Law: Text, Cases & Materials (8th edn)

Brenda Sufrin, Niamh Dunne, and Alison Jones
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date: 25 April 2024

p. 103114. Private Enforcement of Articles 101 and 102locked

p. 103114. Private Enforcement of Articles 101 and 102locked

  • Alison Jones, Alison JonesSolicitor, Professor of Law, King’s College London
  • Brenda SufrinBrenda SufrinSolicitor, Emeritus Professor of Law, University of Bristol
  •  and Niamh DunneNiamh DunneSolicitor, Associate Professor of Law, London School of Economics

Abstract

This chapter focuses on the private civil enforcement of EU antitrust rules through claims made by private litigants in the national courts and tribunals of the individual Member States. The discussion covers the principle of direct effect and national procedural autonomy, mechanisms for cooperation between the Commission and national courts, the obligations of national courts when dealing with cases that raise the issue of whether a contract in violation of Article 101 or Article 102 is enforceable and whether, and if so when, damages and injunctions should be available to remedy such violations. It also considers why historically there was relatively little antitrust litigation in the EU; the relationship between public and private enforcement; and the Commission’s policy towards private enforcement, the package of measures the Commission has taken to encourage private litigation, especially the 2014 Damages Directive and its impact.

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