World Competition Law and Economics Review, September 2011
42 Pages Posted: 25 Mar 2011 Last revised: 21 Jun 2011
Date Written: April 26, 2011
This paper identifies occurrences of negative interplay between public and private enforcement of EU competition law. For this purpose a detailed account of the premises underlying the EU’s dual enforcement system is provided against the background of efficiency, effectiveness, fundamental rights and proportionality. These four interests, both internal and external to the EU’s competition policy, can be affected if liability in parallel enforcement proceedings is either excessive or uncoordinated. While actors involved in the enforcement process are gradually recognising these risks, so far the solutions offered remain incidental.
Keywords: EU Competition Law, Decentralised Enforcement, Public Enforcement, Private Enforcement, Accumulation of Liability
JEL Classification: K21, K42
Suggested Citation: Suggested Citation
Frese, Michael J., Fines and Damages Under EU Competition Law – Implications of the Accumulation of Liability (April 26, 2011). World Competition Law and Economics Review, September 2011; Amsterdam Center for Law & Economics Working Paper No. 2011-05 . Available at SSRN: https://ssrn.com/abstract=1788141 or http://dx.doi.org/10.2139/ssrn.1788141