The Proposed Damages Legislation: Don't Believe the Critics

Journal of European Competition Law & Practice, 2014

2 Pages Posted: 5 Feb 2014

See all articles by Robert H. Lande

Robert H. Lande

University of Baltimore - School of Law

Date Written: January 1, 2014

Abstract

The European Commission's proposed Directive concerning private enforcement of Competition Law certainly would be beneficial for victims of anticompetitive conduct because it would allow some victims to obtain a certain degree of compensation. It does not, however, go nearly far enough. Because it does not allow opt-out class action or contingent fee cases it will continue to leave most victims uncompensated.

Some critics claim the proposed Directive will move Europe closer towards a US-style of private antitrust enforcement that they characterize in almost apocalyptic terms. Nevertheless, anyone interested in learning lessons from the US experience should take note that these critics have never offered reliable proof of its alleged defects. This short article shows that private enforcement in the United States has in fact been beneficial in many ways.

Keywords: private competition law, private antitrust law, European Commission's proposed Directive on private enforcement, competition law, European competition law

JEL Classification: K19, K21, K29, K33, K39

Suggested Citation

Lande, Robert H., The Proposed Damages Legislation: Don't Believe the Critics (January 1, 2014). Journal of European Competition Law & Practice, 2014, Available at SSRN: https://ssrn.com/abstract=2390798 or http://dx.doi.org/10.2139/ssrn.2390798

Robert H. Lande (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

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