Keywords
Competition law, private enforcement, damages, lay judges, expert lay, judges, economics, specialisation, commercial court
Abstract
This paper focuses on the procedural instrument of ‘competition-expert’ lay judges to ease damages calculations and private actions for damages for the violation of competition law in general. To this end, the paper analyses various forms of ‘expert’ lay participation that already exist in Europe. It concentrates, in particular, on commercial and intellectual property proceedings, but also delves into the few existing examples of competition-expert lay judges for private enforcement of competition law. It assesses their transferability for competition damages proceedings and attempts to test EU and national competition as well as procedural law boundaries more generally. The paper considers common grounds, advantages and disadvantages, as well as best practices in this context. It concludes with early proposals for including competition-expert lay judges in private enforcement of competition law.
Recommended Citation
Hornkohl, L. (2022). Leave it to the experts: A comparative analysis of competition-expert lay judges in private enforcement of competition law. Yearbook of Antitrust and Regulatory Studies, 15(25), 7-36. https://doi.org/10.7172/1689-9024.YARS.2022.15.25.1
First Page
7
Last Page
36
Page Count
29
Received Date
29.06.2022
Accepted Date
13.07.2022
DOI
10.7172/1689-9024.YARS.2022.15.25.1
Publisher
University of Warsaw
Publication Date
2022-09-12
