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

See all articles by Okeoghene Odudu

Okeoghene Odudu

University of Cambridge - Faculty of Law

Albert Sanchez-Graells

University of Bristol - School of Law

Date Written: November 19, 2016

Abstract

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

Odudu, Okeoghene and Sanchez-Graells, Albert, The Interface of EU and National Tort Law: Competition Law (November 19, 2016). Forthcoming, P Giliker (ed), Research Handbook on EU Tort Law (Edward Elgar, 2017). . Available at SSRN: https://ssrn.com/abstract=2880412

Okeoghene Odudu

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

HOME PAGE: http://www.law.cam.ac.uk/staff/view_staff.php?profile=oo201

Albert Sanchez-Graells (Contact Author)

University of Bristol - School of Law ( email )

Wills Memorial Building
Queen's Road Clifton
Bristol, BS8 1RJ
United Kingdom

HOME PAGE: http://www.howtocrackanut.com/

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