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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.

Record type: Book Section


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.

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Published date: 19 August 2008
Keywords: european union, abuse of dominant position, article 82 EC, unilateral rest, competition law, antitrust law, industrial economics, private enforcement
Organisations: Law


Local EPrints ID: 148879
ISBN: 978-3-540-69958-3
PURE UUID: 5a14a974-47df-413e-8a75-2ab692e19a69

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Date deposited: 29 Apr 2010 09:20
Last modified: 18 Jul 2017 19:31

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Author: Hedvig Schmidt
Editor: Mark-Oliver Mackenrodt
Editor: Beatriz Conde Gallego
Editor: Stefan Enchelmaier

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