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|
|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
|Date Deposited:||29 Apr 2010 09:20|
|Last Modified:||06 Feb 2014 11:19|
|RDF:||RDF+N-Triples, RDF+N3, RDF+XML, Browse.|
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