The Interaction of Public and Private Antitrust Enforcement – The Calculation of Fines and Damages
During the last decade, the enforcement of EU antitrust law has been characterized by two trends: on the one hand, there has been a significant increase of fines imposed by the Commission and by National Cartel Authorities (NCAs) for the violation of Articles 101 and 102 TFEU; on the other hand, the Commission has vigorously strengthened private damages actions, which, according to the European Court of Justice, Member States are required to grant to everyone who is harmed by antitrust infringements.1 While both developments have been dealt with separately in numerous studies, the interaction of public and private sanctions has received less attention.
KeywordsSupra Note Deadweight Loss Cartel Authority Private Enforcement German Guideline
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