The Law of Damages and Competition Law: 'Bien Étonnés De Se Trouver Ensemble?'
COMPETITION OF PRIVATE LOSSES - THE EVOLUTION OF TORTS IN EUROPEAN BUSINESS LAW, pp. 165-178, R. Schulze, ed., Munich: Sellier 2011
15 Pages Posted: 18 Mar 2011 Last revised: 26 Aug 2011
Date Written: December 13, 2011
The French expression ‘bien étonnés de se trouver ensemble’ is used to denote a situation in which unlikely companions much to their own surprise find themselves having the same intentions, goals, or interests. Are competition law and the law of damages such unlikely companions? In this contribution, I sketch the framework of the law of damages and then try to identify the touch points – if any – between the law of damages and European competition law.
Keywords: Antitrust damages, competition infringement, enforcement, mass damage, passing-on defence
JEL Classification: K21, K13, K42
Suggested Citation: Suggested Citation