Piecemeal Harmonisation Through the Damages Directive? Remarks on What Received Too Little Attention in Relation to Private Enforcement of EU Competition Law

Anna Piszcz, Dr. Hab., Professor at the University of Białystok (Poland), Faculty of Law, Temporary on Duty of Chairman of the Department of Public Economic Law; member of the Advisory Board to the UOKiK President Follow

Keywords

private enforcement, competition, remedies, action for damages, claim for damages, unjust enrichment, undue performance, declaration of invalidity, injunctions

Abstract

On 11 June 2013, the European Commission adopted a package of measures to tackle the lack of an efficient and coherent private enforcement system of EU competition law in its Member States. In particular, a draft Damages Directive was proposed in order to meet the need for a sound European approach to private enforcement of EU competition law in damages actions. The Damages Directive was ultimately adopted on 26 November 2014. This paper explores some aspects of private antitrust enforcement which have not received sufficient attention from the EU decision-makers during the long preparatory and legislative works preceding the Directive. The paper discusses also some of the remedies that have not been harmonised, and shows how these ‘gaps’ in harmonisation may limit the Directive’s expected influence on both the thinking and practice of private antitrust enforcement in Europe. It is argued in conclusion that further harmonisation may be needed in order to actually transform private enforcement of EU competition law before national courts.

Recommended Citation

Piszcz, A. (2015). Piecemeal Harmonisation Through the Damages Directive? Remarks on What Received Too Little Attention in Relation to Private Enforcement of EU Competition Law. Yearbook of Antitrust and Regulatory Studies, 8(12), 79-98. Retrieved from https://press.wz.uw.edu.pl/yars/vol8/iss12/4