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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Description/Abstract
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 |
| Item ID: | 148879 |
| Date Deposited: | 29 Apr 2010 09:20 |
| Last Modified: | 25 Apr 2013 22:28 |
| Contributors: | Schmidt, Hedvig (Author) Mackenrodt, Mark-Oliver (Editor) Gallego, Beatriz Conde (Editor) Enchelmaier, Stefan (Editor) |
| Date: | 19 August 2008 |
| Status: | Published |
| Publisher: | Springer |
| URI: | http://eprints.soton.ac.uk/id/eprint/148879 |
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