The Interface of EU and National Tort Law: Competition Law
Forthcoming, P Giliker (ed), Research Handbook on EU Tort Law (Edward Elgar, 2017).
Posted: 7 Dec 2016
Date Written: November 19, 2016
This chapter aims to assess the framework enabling private parties to enforce competition law and the implications this has both in relation to the evolution of national tort law in EU Member States, and for an incipient acquis of EU tort law. It considers how the law has evolved since the CJEU in Courage v Crehan confirmed that those able to show that they have suffered loss as a result of a competition law violation are able to recover compensatory damages, and the progress made since the adoption of Directive 2014/104/EU on antitrust damages. The chapter focuses on four selected topics: the erosion of the requirement of fault; the erosion of individual responsibility; the extension of recoverable losses; and modifications to the burden of proof arising from a presumption of damage resulting from certain types of anticompetitive behaviour. It concludes by questioning whether traditional tort law doctrines at Member State level can survive under the pressure of these EU law developments. The chapter indicates areas of uncertainty that may serve to guide future research efforts.
Keywords: Competition law, tort law, EU tort law, damages actions, Directive 2014/104/EU, objective liability, joint liability, several liability, forms of damage, causation, legal presumption, quantification of damages
JEL Classification: K13, K21, K41
Suggested Citation: Suggested Citation