Private enforcement - is Article 82 EC special?

Schmidt, Hedvig (2008) Private enforcement - is Article 82 EC special? In, Mackenrodt, Mark-Oliver, Gallego, Beatriz Conde and Enchelmaier, Stefan (eds.) Abuse of Dominant Position: New Interpretation, New Enforcement Mechanisms? Dordrecht, NL, Springer, 137-164.


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Hedvig Schmidt identifies a lack of guidance from the Commission on how to establish a causal link between the abuse and the harm caused to the claimant in a private action. Under the present case-law, it is sufficient for the Commission to prove a likelihood of harm to competition. This standard of proof gives private claimants not enough to found their own case in a follow-on action. The move to a more rigorous economic analysis, Schmidt argues, would benefit these claimants but would, at the same time, raise the benchmark for those bringing an independent action in national courts.

Item Type: Book Section
ISBNs: 9783540699583 (paperback)
Related URLs:
Keywords: european union, abuse of dominant position, article 82 EC, unilateral rest, competition law, antitrust law, industrial economics, private enforcement
Subjects: K Law > K Law (General)
Divisions : University Structure - Pre August 2011 > School of Law
ePrint ID: 148879
Accepted Date and Publication Date:
19 August 2008Published
Date Deposited: 29 Apr 2010 09:20
Last Modified: 31 Mar 2016 13:22

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