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 pp. 137-164.


[img] PDF 148879SCHMIDT20.pdf - Version of Record
Restricted to Repository staff only

Download (1MB)


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 (print)
Related URLs:
Keywords: european union, abuse of dominant position, article 82 EC, unilateral rest, competition law, antitrust law, industrial economics, private enforcement
ePrint ID: 148879
Date :
Date Event
19 August 2008Published
Date Deposited: 29 Apr 2010 09:20
Last Modified: 18 Apr 2017 14:32
Further Information:Google Scholar

Actions (login required)

View Item View Item