Competition litigation in the EU and the UK after the 2014 Antitrust damages directive: Balancing the demands of a sound administration of justice with the need for more effective private competition enforcement through fair and effective evidence disclosure

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Abstract

How to facilitate the private enforcement of the competition rules has been a much vexed issue for the EU institutions as well as for the Member States: debate in this area eventually led to the enactment in 2014 of a Directive aimed at laying down common rules governing key aspects of competition damages actions, ranging from standing to limitation periods to the interaction between adjudication and the out-of-court resolution of these disputes. This paper considers the extent to which the 2014 Directive successfully harmonises the prima facie concurring objectives of making civil competition litigation a "realistic" option for all plaintiffs and safeguarding the role of the national competition authorities in the detection of new infringements.
Original languageEnglish
Pages (from-to)342-366
JournalCivil Justice Quarterly
Volume35
Issue number4
Publication statusPublished - 31 Oct 2016

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