The Interaction of Public and Private Enforcement – The Calculation and Reconciliation of Fines and Damages in Europe and Germany

Abstract

While public and private enforcement of competition law are sometimes heralded as two sides of the same coin, the developments in Germany and Europe in recent years have made it abundantly clear that there are in fact numerous sources of conflict and friction. Understandably, much of the discussion has been focused on the exposure of leniency applicants in private follow-on litigation and on methods that could alleviate this exposure. For various reasons, whistleblowers seem to have become a primary target in civil damage lawsuits, and this is seen as one of the greatest threats to the effectiveness of leniency programmes as a means of public enforcement.