Private Enforcement of Competition Law in Regulated Industries: Can Railway Undertakings Recover Excessive Railway Infrastructure Charges Under Art. 102 TFEU?

16 Pages Posted: 9 Mar 2022

See all articles by Heike Schweitzer

Heike Schweitzer

Humboldt University of Berlin - Faculty of Law

Date Written: January 11, 2022

Abstract

In DB Station&Service AG, the CJEU will have to decide on the relationship between EU regulatory law – namely Directive 2001/14 – that strives to concentrate decisions on the lawfulness of infrastructure access charges with the regulatory authority, and private dam-age claims based on a concurrent violation of Art. 102 TFEU. The referring court – the KG Berlin – proposes that national civil courts may only award competition law damages once the regulatory authority has established the illegality of the charges under regulatory law. This article argues that the KG Berlin thereby misconceives the hierarchy of norms under EU law and fails to recognise the rights conferred upon individuals by the EU competition rules.

Suggested Citation

Schweitzer, Heike, Private Enforcement of Competition Law in Regulated Industries: Can Railway Undertakings Recover Excessive Railway Infrastructure Charges Under Art. 102 TFEU? (January 11, 2022). Available at SSRN: https://ssrn.com/abstract=4006189 or http://dx.doi.org/10.2139/ssrn.4006189

Heike Schweitzer (Contact Author)

Humboldt University of Berlin - Faculty of Law ( email )

Unter den Linden 6
Berlin, D-10099
Germany

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