ORCID
Jeanne Mouton: 0000-0002-2424-9033
Keywords
Competition law, private enforcement, damages, digital markets, presumption of harm, remedies
Abstract
The paper reviews literature on theories of harm in digital markets, and the specific difficulties in quantifying the damage in private enforcement of competition law. The development of a tentative case-law on private enforcement in digital markets in the European Union is studied next, in comparison to the US antitrust practice, differentiating between businesses or consumers filing damages claims. Finally, the paper raises the specific issues posed by the digital economy for competition law claims for damages, and explores the idea of extending the presumption of harm also to abuse of dominance in digital markets, as well as making private parties aware of cease and desist injunctions or filing for private enforcement remedies.
Recommended Citation
Mouton, J. (2022). The challenges for private competition law enforcement concerning anticompetitive conducts in digital markets. Yearbook of Antitrust and Regulatory Studies, 15(26), 9-32. https://doi.org/10.7172/1689-9024.YARS.2022.15.26.1
First Page
9
Last Page
32
Page Count
23
Received Date
22.06.2022
Accepted Date
29.08.2022
DOI
10.7172/1689-9024.YARS.2022.15.26.1
Publisher
University of Warsaw
Publication Date
2022-12-19
