Private enforcement - is Article 82 EC special?
Mackenrodt, Mark-Oliver, Gallego, Beatriz Conde and Enchelmaier, Stefan (eds.)
Abuse of Dominant Position: New Interpretation, New Enforcement Mechanisms?
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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.
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