Is this really a reform to facilitate follow-on actions for antitrust damages?
Some thoughts on the Damages Directive
1. Introductory thoughts
In traditional thinking about antitrust enforcement in Europe, private enforcement was something marginal, intangible and almost hardly worth analysing. Antitrust enforcement usually meant public enforcement by competition agencies. In the 2000s, the shift to a different way of thinking about antitrust enforcement happened with the European Court of Justice judgments as well as the European Commission’s Green and White Papers. It was noticed that Europe needed to improve the system of civil law redress without simply encouraging more litigation.
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