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  • 3 - Causation in the European Union Competition Law and Decisions

  • Claudio Lombardi
  • Book:
    Causation in Competition Law Damages Actions
    Published online:
    03 December 2019
    Print publication:
    02 January 2020, pp 50-68

  • 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.