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3 - Causation in the European Union Competition Law and Decisions

Published online by Cambridge University Press:  03 December 2019

Claudio Lombardi
Claudio Lombardi
Affiliation:
Kazakhstan Institute of Management, Economics and Strategic Research
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Summary

The Directive on Damages Actions 104/2014 (the Damages Directive) has laid down a common European framework for the regulation of competition damages actions. It establishes fundamental principles, such as the right to compensation and the joint liability of antitrust infringers for such compensation. However, it explicitly avoids defining causation, thus leaving it to the domestic laws of member states. The only limit set by the EU law is the observance of the principles of equivalence and effectiveness, in line with what was already disposed by the CJEU in Manfredi. However, there are some principles addressing causation that can be found in European law and case law.

Keywords

Damages DirectiveDirective 104/2014ManfrediCourageECJCJEUprinciple of effectivenessprinciple of equivalenceKone
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Chapter
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Causation in Competition Law Damages Actions , pp. 50 - 68
Publisher: Cambridge University Press
Print publication year: 2020

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