Private Enforcement of EU (Competition) Law – Remarks and Outlooks Regarding the Intertwinement of EU and National Law

Abstract

This article discusses private enforcement of EU competition and other EU law. The focus is on the intertwinement of EU and national legal orders and on so-called procedural autonomy, especially in the context of damages claims presented before national courts on the basis of EU law. The article sketches how the material rules and principle-type requirements of EU law are appropriately taken into account by a national court and what kind of ambiguities arise in this connection, especially in the context of competition law infringement-based damages claims. The implications of the potential competition damages claims Directive are briefly explored on the basis of a proposal published in June 2013. Additionally, problems such as the “correct intensity” of safeguarding the full effect of EU law are touched upon. Moreover, the article discusses recent Finnish case law including private enforcement of EU law.

Keywords: EU law, Private enforcement, Damages actions, Competition law, National courts, Direct effect, Horizontal direct effect, Member State liability, Principle of effectiveness, Principle of equivalence, Adequate judicial protection, Procedural autonomy, Finnish case law