Injunctive Relief and Private Antitrust Enforcement

ESRC Centre for Competition Policy Working Paper Series

55 Pages Posted: 11 Jul 2011

See all articles by Sebastian Peyer

Sebastian Peyer

UEA Law School & Centre for Competition Policy

Multiple version iconThere are 2 versions of this paper

Date Written: May 2011

Abstract

The paper analyses the role of injunctions in the private enforcement of competition law. Most commentators deal predominantly with damages actions and the European policy proposals only discuss the conditions for successful compensation claims. However, damages claims are likely to be the most expensive and time consuming remedy available. In many cases injunctive relief may be cheaper and, thus, be preferred by the victim. Asking the court to order the perpetrator to either cease from certain behavior or to undertake certain actions, plaintiffs might be willing to fore go compensation in exchange for a quicker dispute solution with effect for the future. The variety and flexibility of injunctive relief – injunctions can be granted on a preliminary basis or permanently, contain a prohibition or being mandatory – provides victims of anticompetitive conduct with a multi-functional tool to seek relief. The paper compares the usage of and the legal framework for injunctive relief in England and Wales and Germany. The antitrust litigation data available for both jurisdictions indicate that the use of injunctive relief in English and German courts differs greatly. Analyzing the legal framework for injunctive relief, I will look at the judicial approach that is taken with respect to injunctions and the possible reason for a varying usage of this remedy.

Suggested Citation

Peyer, Sebastian, Injunctive Relief and Private Antitrust Enforcement (May 2011). ESRC Centre for Competition Policy Working Paper Series, Available at SSRN: https://ssrn.com/abstract=1883449 or http://dx.doi.org/10.2139/ssrn.1883449

Sebastian Peyer (Contact Author)

UEA Law School & Centre for Competition Policy ( email )

UEA
Norwich Research Park
Norwich, Norfolk NR47TJ
United Kingdom

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