• Media type: E-Article
  • Title: Liability for Competition Restrictions: EU Law Developments
  • Contributor: Havu, Katri
  • Published: Walter de Gruyter GmbH, 2022
  • Published in: Journal of European Tort Law, 13 (2022) 2, Seite 103-131
  • Language: English
  • DOI: 10.1515/jetl-2022-0007
  • ISSN: 1868-9620; 1868-9612
  • Keywords: General Medicine
  • Origination:
  • Footnote:
  • Description: Abstract This article concerns recent developments in the field of liability claims for infringements of EU competition law. After overviewing topical matters, this contribution focuses on the Court of Justice of the European Union (CJEU) and the continuing relevance of its case law to several basic questions that arise in damages cases. The evolving interpretation of primary law, and what is required to ensure its full effectiveness, still occupies a central position in the private enforcement of EU competition law. Moreover, principles such as effectiveness and equivalence constrain the discretion of Member States to lay out and apply supplementary remedial and procedural rules. The foregoing implies that, despite the apparent legislative harmonisation of damages claims in the EU, litigants and national courts should follow developments in the case law.