Private Enforcement of Competition Law: A Comparative Perspective

The Enforcement of Competition Law in Europe (T. Möllers & A. Heinemann ed., Cambridge University Press 2007)

Chicago-Kent College of Law Research Paper

24 Pages Posted: 19 Jul 2013

See all articles by David J. Gerber

David J. Gerber

Chicago-Kent College of Law - Illinois Institute of Technology

Date Written: July 16, 2007

Abstract

Private enforcement has long been a central part of US antitrust law experience, while it has played minor roles or none at all in European competition law systems. This contrast is fundamental to understanding differences between European and US competition law and to assessing the potential consequences of increasing the role of private enforcement of competition law in Europe. It is also central to decisions about competition law development in much of the world, because in this respect most competition law systems in the world resemble European competition laws rather than US antitrust law.

In this essay, I examine the private enforcement of competition law in the US and Europe against the backdrop of efforts in Europe to rely more heavily on private enforcement in the enforcement of its competition law. As part of its so-called ‘modernization’ efforts, which went into effect on May 1, 2004, the European Commission seeks to reduce reliance on administrative authorities and to encourage those harmed by restraints on competition to bring private law suits in national courts. There is, however, widespread uncertainty about the prospects for successfully incorporating private litigation into European competition law systems. There is also uncertainty about which, if any, measures should be taken to enhance acceptance of private enforcement.

This article provides a comparative perspective on these issues that can provide a more solid basis for making informed decisions in the area.

Keywords: competition law, comparative law, private enforcement, US, Europe

JEL Classification: K19, K21, K23, K42

Suggested Citation

Gerber, David J., Private Enforcement of Competition Law: A Comparative Perspective (July 16, 2007). The Enforcement of Competition Law in Europe (T. Möllers & A. Heinemann ed., Cambridge University Press 2007); Chicago-Kent College of Law Research Paper. Available at SSRN: https://ssrn.com/abstract=2159344

David J. Gerber (Contact Author)

Chicago-Kent College of Law - Illinois Institute of Technology ( email )

565 W. Adams St.
Chicago, IL 60661-3691
United States

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